Issue with car trader

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They resisted doing anything about the issue for over a year so they were never going to pay anyway.


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Precisely.

In their eyes it's probably personal already, obtaining a CCJ will wind them right up.

In that sort of situation you'll need the heavies to enforce, the court bailiffs will be relatively toothless.
 
Isn’t that what the bailiffs are for? Provided they have the cash and or assets to cover the amount in question.

Anyway they now have 8 days left to respond to small claims court.


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Yes but all at additional cost and more time/hassle. Would you not have to get a High Court writ if they fail to respond to a Small Claims award. You have already said you didn't have the time and inclination to follow up originally so things could get a lot worse in that respect.

Good luck anyway.
 
Yes but all at additional cost and more time/hassle. Would you not have to get a High Court writ if they fail to respond to a Small Claims award. You have already said you didn't have the time and inclination to follow up originally so things could get a lot worse in that respect.

Good luck anyway.

Won’t they recover the court costs too ? So no loss really
 
You are entitled to recover all court fees in addition to the original amount and interest on the judgement..

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You are entitled to recover all court fees in addition to the original amount and interest on the judgement..

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Plus all other reasonable costs, letters, telephone calls, time etc, but all must be documented, ideally receipted and proportionate i.e do not hire a Ferrari to keep you mobile when the car in question was a C class etc.
 
Been here before on both sides of the fence. Small claims is often not worth the hassle - you may get settlement.

If not, you'll need better evidence than those posted SMS, so I hope you have more or the receipt indicates they were going to fully rectify the damage. If not and they challenge/lie you may only get part restitution.

All those SMS show is an intent to come to an agreement. The key phrase brbei in their SMS "... then contact us to discuss a price agreement...." IMO there's not a single SMS there from them that states categorically they were willing to fully rectify. Hopefully your receipt does?

Don't want to put a damper on things, just had too many experiences with less than honest businessmen and peeps on the make....
 
Can you recover the Small Claims court fees?

In theory yes, but I say 'in theory' because while you are in the midst of what increasingly looks like a time-consuming and painful process, you are likely to receive an offer of settlement, and the temptation will be there for you to accept rather than continue and spend more time on a process with an uncertain outcome.

Additionally, if the settlement offered is reasonable, the court might not look favourably on you if you reject it. I have always been told that if a dispute gets to court one must make the utmost effort to be seen making a genuine attempt to compromise and settle out of court.

When this happens, then more often than not the settlement figure will not include your court fees.

Still, even if it does come to that, you should look at the court fee as a small fee you have to pay in order to force them to settle.

Of course, if you have a cast-iron case, then you can just sit tight and tell them that that you want every penny paid, in or out of court. But few cases are that simple or that certain...
 
Been here before on both sides of the fence. Small claims is often not worth the hassle - you may get settlement.

If not, you'll need better evidence than those posted SMS, so I hope you have more or the receipt indicates they were going to fully rectify the damage. If not and they challenge/lie you may only get part restitution.

All those SMS show is an intent to come to an agreement. The key phrase brbei in their SMS "... then contact us to discuss a price agreement...." IMO there's not a single SMS there from them that states categorically they were willing to fully rectify. Hopefully your receipt does?

Don't want to put a damper on things, just had too many experiences with less than honest businessmen and peeps on the make....

Setting aside the SMS as evidence etc... can the OP not simply claim this as used car warranty, i.e. as a fault for which the trader is liable under the Consumer Protection Act? Regardless of what has been promised or not etc.

What the OP will need is proof that the fault occurred before the warranty expired, and that the trader was made aware of it in good time, and was given every opportunity to rectify the issue. So the proof meeded is that the fault was reported during the warranty period... and not that the trader agreed to fix it FOC.
 
Hi,
If you get a positive judgement with the Small Claims Court and they don’t promptly pay - then don’t use bailiffs to get the money - instead use High Court Enforcement Officers (sheriffs)
The High Court guys have power of entry to commercial premises and have far more powers than bailiffs - therefore much more chance of getting your money back.
Cheers
Steve
 
Setting aside the SMS as evidence etc... can the OP not simply claim this as used car warranty, i.e. as a fault for which the trader is liable under the Consumer Protection Act? Regardless of what has been promised or not etc.

What the OP will need is proof that the fault occurred before the warranty expired, and that the trader was made aware of it in good time, and was given every opportunity to rectify the issue. So the proof meeded is that the fault was reported during the warranty period... and not that the trader agreed to fix it FOC.

Proof is everything. I've had peeps lie like no tomorrow.

In this case for example if the garage said something like "oh that was there when we sold it, he knew it, he said he would fix it if we gave a discount, we agreed and gave him a discount, we even noted this on the receipt by putting 'needs sorting'. He came back weeks later saying it was worse than he thought. We are not under obligation but to keep our good reputation we said we'd think about a good will part payment if he sent us an invoice as we care about our customers'

Not saying they'd do this if there's no proof, but I've experienced similar.
 
According to the very first post in this thread , the defect was noted on the sales invoice to be rectified.
 
Result 1-0 to the little man

Can back from vacation and opened a letter
48d7267a7671a6815f22a0f96dd9f846.jpg


Cheque for full amount enclosed. Will quickly pay it in tomorrow.

Thanks for all the advice




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Perseverance paid off, well done!

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i was going to say small claims is actually quite straight forward, all you have to do is make a claim and wait. Then I saw your picture, well done:cool:
 

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