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Court Claim or The Motor Ombudsman

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  • Court Claim or The Motor Ombudsman

    Good afternoon

    I have posted on here before with a problem I have with a trader not refunding for a vehicle when we rejected under 30 days due to it being not fit for purpose - http://legalbeagles.info/forums/show...usal-of-Refund.

    So he has not responded to our Letter before action and he did receive as checked Royal Mail tracking.

    Can I make a claim to the courts straight away or do I have to try an association first like The Motor Ombudsman?

    Citizen Advice have confused me a little and said that I need to try mediation first just in case the courts feel I have not tried and dismiss my claim.

    I have sent this trader 7 odd letters since November 2016 and in some suggested mediation/ADR but he just keeps replying he won't refund but would repair if necessary. We refuse repair as there is so much wrong with the vehicle and the state according to Dekra engineer is dangerous and not fit for purpose. He advised refund not repair due to the type of faults with it.

    So not sure what I have to do now, can I file a court claim now or is the procedure to go to Motor Ombudsman first.

    Can someone please advise.

    Many thanks
    Tags: None

  • #2
    Re: Court Claim or The Motor Ombudsman

    Issue the claim straight away. It sounds that you have done as much as you can already to mediate on the matter. I presume that this is below the £10,000 small claims limit.

    Have you pointed out to the trader the relevant sections of the Consumer Rights Act? I've been involved in a case where the trader kept insisting on his rights of repair under the Sale of Goods Act.

    Comment


    • #3
      Re: Court Claim or The Motor Ombudsman

      Originally posted by ostell View Post
      Issue the claim straight away. It sounds that you have done as much as you can already to mediate on the matter. I presume that this is below the £10,000 small claims limit.

      Have you pointed out to the trader the relevant sections of the Consumer Rights Act? I've been involved in a case where the trader kept insisting on his rights of repair under the Sale of Goods Act.

      Hi, thanks for reply.

      No the value of the van is £13,999 and I was also wanting to claim my losses - had to buy 4 wheels/tyres within days as bad cracked alloy and 3 worn tyres - also listed compensation for tax and insurance I have paid and not driving the van.

      I had pointed out in several letters about the new CRA and that I can reject under 30 days due to the state of the van - also have Dekra report to back it up.

      Do you think I need a solicitor or can I go it alone.

      Thanks

      Comment


      • #4
        Re: Court Claim or The Motor Ombudsman

        I am on the MCOL site now I assume I need to select organisation and not individual?

        I paid him directly in his name as faster payments and not under his business name, he runs a repair garage and buys and sells vehicles.

        ?

        Comment


        • #5
          Re: Court Claim or The Motor Ombudsman

          If he was not a limited company your claim should de issued against:
          Joe Bloggs trading as Scam Garage or whatever

          He is an individual!

          Comment


          • #6
            Re: Court Claim or The Motor Ombudsman

            Originally posted by des8 View Post
            If he was not a limited company your claim should de issued against:
            Joe Bloggs trading as Scam Garage or whatever

            He is an individual!
            Thanks, I have said individual on claim registration with trading as under the 1st line address detail.

            Comment


            • #7
              Re: Court Claim or The Motor Ombudsman

              More questions please filling this claim form.

              1. Do you want to reserve the right to claim interest under the County Court Act? If yes please select 'yes' and complete the following fields. If you wish to claim interest under any other act or agreement please select 'no' and enter the full details of your interest agreement in the box below. - I SELECTED YES.

              2. I worked out date starting 14 days after first rejection and refund request up to todays date. so 10/12/16 - 14/2/17

              3. Claim amount £15,184.89 - here i included cost of van and all my spend tax, insurance calculated at 6 months as already at month 4, wheels/tyres i had to buy within days, Dekra report fee and my postage costs for all his letters sent.

              4. Daily rate of interest up to the date of judgment
              I CALCULATED £3.35 PER DAY - IS THIS RIGHT ON £15,184.89?
              SECONDLY DO I PUT £3.35 IN THIS BOX OR £3.35 X 67 DAYS (10/12/16 - 14/2/17) = £224.45

              5. WHAT AMOUNT DO I PUT IN "Amount claimed" at bottom of the page "Claim amounts". - DO I USE £15,184.89 OR £15,184.89 + CALCULATED INTEREST OF 67 DAYS??? so £15,409.34?

              REALLY NOT SURE.

              6. This is what I put in for details of claim:

              Purchased a van 19/11/16,rejected and
              requested refund under CRA 26/11/16. Felt the
              vehicle was mis described and not fit for
              purpose. Mr X said no leaks, great
              van, runs good when asked. Faults found day
              drove back and days following, Had Dekra
              report and concluded in dangerous condition
              and not fit for purpose. We have lettered Mr
              X 7 times asking for refund. He has
              Dekra report. Too many faults to accept
              repair. Last letter sent 25/1/17 - letter
              before action – ignored. Van £13,995.00,
              Dekra £199.00, Wheels/Tyres £576.00 + £10,
              Tax @ 6 months £115.00, Insurance @ 6 months
              £278.50, Postage fees £11.39 = £15,184.89.

              This has used all maximum characters. Is this fine for claim, the notes say to ensure I get it right.

              IF SOMEONE CAN GUIDE ME I WOULD APPRECIATE IT.

              MANY THANKS
              Last edited by fandabby; 14th February 2017, 10:58:AM.

              Comment


              • #8
                Re: Court Claim or The Motor Ombudsman

                As you are making the claim on line you do not have to calculate the interest amounts... it is done automatically for you!

                Particulars of claim:

                At the material time the defendant was J bloggs t/a xxxx, a trader.
                On 19. 11. 2016 the claimant purchased a van Make & model Reg No xx 00 abc from
                the defendant for £13995.
                The goods were not fit for purpose,nor of satisfctory quality, and were misdescribed.
                contrary to the Consumer Rights Act 2015
                The defendant has ignored the notices of rejection
                Accordingly the claimant claims
                (a)the sum of £13 995.00
                (b) additional costs of £1189.49
                (c)court costs
                (d) Interest pursuant to section 69 County Courts Act at such rate and for such periods as the court deems just.



                All the other details come out in your witness statement later, if the claim is disputed.

                Comment


                • #9
                  Re: Court Claim or The Motor Ombudsman

                  Thanks des8. I will copy and paste what you have put for particulars.

                  Have i put the correct date for "Date money became owed to you". I put 10/12/16 which was worked out 14 days after I rejected on 26/11/16 or do put date I rejected?

                  As for amounts claimed, I only put £15,184.89 as the interest will be added automatically, is that right so I only need put in the daily rate which is £3.35? - under this interest section.

                  Many thanks

                  Comment


                  • #10
                    Re: Court Claim or The Motor Ombudsman

                    Insert date of rejection (it can always change to your detriment, but never the other way round)

                    Regarding interest I have misinformed you ..sorry!
                    You need to calculate the interest due between date of purchase and date of claim and add it in the appropriate box.
                    The online user guide (page 12) gives details: https://www.gov.uk/government/upload...user-guide.pdf

                    Comment


                    • #11
                      Re: Court Claim or The Motor Ombudsman

                      Originally posted by des8 View Post
                      Insert date of rejection (it can always change to your detriment, but never the other way round)

                      Regarding interest I have misinformed you ..sorry!
                      You need to calculate the interest due between date of purchase and date of claim and add it in the appropriate box.
                      The online user guide (page 12) gives details: https://www.gov.uk/government/upload...user-guide.pdf
                      Question

                      Before you issue a claim, how did you pay for this item? Did you use a credit card to pay a deposit? I ask as you may be able to reclaim the monies from a credit card if you used one for the deposit

                      just thinking out loud before proceedings are launched
                      I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                      If you need to contact me please email me on Pt@roachpittis.co.uk .

                      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                      You can also follow my blog on consumer credit here.

                      Comment


                      • #12
                        Re: Court Claim or The Motor Ombudsman

                        Originally posted by pt2537 View Post
                        Question

                        Before you issue a claim, how did you pay for this item? Did you use a credit card to pay a deposit? I ask as you may be able to reclaim the monies from a credit card if you used one for the deposit

                        just thinking out loud before proceedings are launched

                        From post1 of original thread: "I purchased a T30 Van from a Garage (1 man ownership, he’s a mechanic and yard full of VW’s that he sells, on November 19th for £13,995. This money was sent faster payments as this was his method was. "

                        Comment


                        • #13
                          Re: Court Claim or The Motor Ombudsman

                          cheers Des

                          I hadnt seen that comment, but was hoping there may have been a credit card used so we could use s75 CCA

                          The only concern here is if the claim is for over £10k it is likely to be a fast track matter which could result in adverse costs if the Claim fails at trial.
                          Originally posted by des8 View Post
                          From post1 of original thread: "I purchased a T30 Van from a Garage (1 man ownership, he’s a mechanic and yard full of VW’s that he sells, on November 19th for £13,995. This money was sent faster payments as this was his method was. "
                          I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                          If you need to contact me please email me on Pt@roachpittis.co.uk .

                          I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                          You can also follow my blog on consumer credit here.

                          Comment


                          • #14
                            Re: Court Claim or The Motor Ombudsman

                            Thank you, so what I have done now is put 26/11/16 for date money being owed (which is the rejection date) and have calculated from this date to today by £3.35 to get my total interest and added this to the £15,184.89 and placed it in the field "Amount Claimed".

                            Think this is it now, thanks for all the input....



                            Originally posted by des8 View Post
                            Insert date of rejection (it can always change to your detriment, but never the other way round)

                            Regarding interest I have misinformed you ..sorry!
                            You need to calculate the interest due between date of purchase and date of claim and add it in the appropriate box.
                            The online user guide (page 12) gives details: https://www.gov.uk/government/upload...user-guide.pdf

                            Comment


                            • #15
                              Re: Court Claim or The Motor Ombudsman

                              Originally posted by pt2537 View Post
                              cheers Des

                              I hadnt seen that comment, but was hoping there may have been a credit card used so we could use s75 CCA

                              The only concern here is if the claim is for over £10k it is likely to be a fast track matter which could result in adverse costs if the Claim fails at trial.
                              Fandabby was advised about the costs situation, but I believe she sees no other way forward as the trader is not acknowledging her.
                              Of greater concern might be the trader's assets ..... does he have any or is it all in name of wife or on finance!

                              Comment

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