WWW.MOUNTBATTENCARSALES.CO.UK/Close Brothers - Faulty car

[BankFodder]

I thought that you weren't driving your current car and that it was parked off road

[BankFodder]

I'm not sure why you feel that you would need to write it off and how you could claim on insurance.

If you are simply suggesting that it is in such bad condition that it should be written off and that the insurance should pay, then I'm afraid that's not how insurance works.

Is that what you are suggesting?

[BankFodder]

Not from the insurance

They are ensuring you in the sense of an extended warranty whereby they indemnify you some extent in respect of the condition of the vehicle when you buy it.
Feel free to transfer your insurance because it's probably not doing much good on and off road vehicle – although if it was vandalised or stolen then the insurance would certainly be relevant

[BankFodder]

I don't think it will make much difference .

Please check the letter that you have posted above because I have made a couple of edits mainly to correct some grammar

 

[BankFodder]

You will never fully protect yourself.

The best you can do is to buy a vehicle through finance. Get it MOT'd again as quickly as you can after the purchase. See if you can get any other diagnostic testing from Halfords or somewhere. React quickly if there are any problems and come to us as early as possible

[BankFodder]

Presumably this email has come from Close Bros?

 

It is now time to decide to take legal action. Are you prepared to do this?

This means that you will send a letter of claim giving them 14 days and then on day 15 you will issue the claim.

No bluff, no delays, no prevarication, no being distracted by technical responses from the finance company.

[BankFodder]

No. You do it yourself. We never recommend solicitors and it would cost you a lot of money which you wouldn't get back anyway.

Start reading on this forum the steps involved in taking a small claim in the County Court.
Register on the County Court MoneyClaim website. Open an account and start preparing your claim. You can save your work as you go.

Here is a suggested draft letter of claim. Check it. Modify if you want but let us know and then send it off.

Don't forget that there is no bluff here. If you send the letter and then you don't follow through with your threat at exactly the time you have said you will then you may as well give up.

 

Quote

Dear XXX

 

Reference number XXX – Letter of Claim

Thank you for your reply dated XXX

It is completely consistent with your reputation for being a company which attempts to avoid its proper consumer obligations.

It is clear that the vehicle registration number XXX which you supplied to me under the hire purchase agreement is not of satisfactory quality.

I have supplied you with extensive documentation which shows this to be the case.

You have decided not to accept this on spurious grounds. It's about time that the matter before independent judge.

If you do not make arrangements to remove the vehicle on my property and to reimburse me in full within 14 days and also paid storage costs incurred by your unjustifiable refusal to step up, then I will sue you in the County Court for the sum owed plus interest plus costs.

Yours faithfully

 

[BankFodder]

It needs modification. Please check back tomorrow

[BankFodder]

Sorry, got sidetracked. Standby – but the principle is that you formulate your particulars of claim simply establishing a cause of action and without giving too much detail. In fact you give as little detail as possible so that you don't give any clues as to the response.

You let the other side commit themselves in their defence and you see what they have to say. Normally speaking they tend to give their game away.
It's sort of – I'll show you mine if you show me yours, but you must show me yours first.

If you were a fella, you'd understand.

[BankFodder]

I'm afraid I've been out of the loop for a while and I have been trying to refresh my memory by scanning the five pages so far as this thread.
Please can you check the draft below and comment.

Anything that is wrong? Anything that is missing? Anything you would like to add?

 

Quote

I entered into a hire purchase agreement on XX date with the defendant in order to purchase a vehicle – make XX, model XX, registration number XX. Finance agreement number – XXX for £XX.
Within the first five months the vehicle demonstrated defects and is not of satisfactory quality.

The claimant was informed by the supplier that it was her responsibility and being unaware of her rights, she has proceeded to have certain repairs carried out at her own cost.

The vehicle is presently I drive the ball and is being stored on the claimant’s premises.
The supplier of the vehicle and the defendant have both been fully informed and have refused to take any action.

The claimant seeks full reimbursement of purchase price – £XXX

Reimbursement of repairs/improvement costs £XXX

Recently incurred expenses – insurance and so forth £XXX

The Defendant has been notified of a storage cost of £XX per day until the day of judgement or settlement of the issue.

Plus interest

Plus costs

 

[BankFodder]

Please post the draft here of whatever you decide to use before you click it off

[BankFodder]

Why should this be an action based on a credit card agreement?

[BankFodder]

Check the edits above. I have got you some extra space. However I have a feeling that there is another MoneyClaim beta website which allows you a greater word limit.

@dx100uk @Andyorch

[BankFodder]

But I've suddenly realised that the total comes to more than 10,000

[BankFodder]

I think we probably should have made it clear that we were seeking reimbursement of the money paid so far which would then all come to less than £10,000.

I have to put this when the directions questionnaire comes through

 

[BankFodder]

Sorry, I was adding the full value of the car to the 5,000 .

I was having a senior moment!

 

[BankFodder]

Just to point out, the moment that the deadline expires and they haven't responded, you should move to apply for judgement immediately .

Don't hang around .

Don't give them notice .

Don't come here and ask .

 

 

Just apply for the judgement and then you can come here and tell us.

 

 

 

 

 

 

[BankFodder]

Get the judgement and we will sort out the rest after

 

 

[BankFodder]

Have we seen the judgement?