Car Dealer - repair refused at the outset.

[Amethyst]

Ok - all fine then - see what the car guys think of the defence.

Really stop getting sidetracked with who/where the defendant is getting their legal advice from xxx

[Apollo14LMP]

I know I cant stand them they are vile and rude ...

[Apollo14LMP]

I have just been examining the paperwork for this case - the signature of the company director on the court papers is not the same as that on the invoice of the car is this fraud ? can I get the case struck out ? I

[des8]

I have just been examining the paperwork for this case - the signature of the company director on the court papers is not the same as that on the invoice of the car is this fraud ? can I get the case struck out ? I

You are suggesting the court papers have been signed by someone other than the director?
Did you see the invoice being signed by this person? could it have been signed by an employee?
Perhaps he's changed his signature... perhaps he is semi literate and it changes every time.

[Apollo14LMP]

No i have the papers for the car he signed with me ... i have them here clear as day ...
the statement in his name .. the signature is no way near the same ! Put together there is no way he signed that court statement !

[des8]

You could write a reply to the defence... there are enough "discrepancies", but this needs to be served and filed when you return the directions questionnaire..... so we have a little time in which to write it.

[Apollo14LMP]

Can i just ask for a strike out i dont pay fees .. or what do i do ? ....

[des8]

So the signature on the statement does not match the signature on the invoice (which you saw being made)
This does not mean the documents were not signed by the same person (even tho' I might agree with you it is not proof!)

Tagging pt2537 for comments please on the import of this

[pt2537]

So the signature on the statement does not match the signature on the invoice (which you saw being made)
This does not mean the documents were not signed by the same person (even tho' I might agree with you it is not proof!)

Tagging pt2537 for comments please on the import of this

Hi , thanks Des8 for tagging me.

So their defence is you failed to give them the chance to effect a repair under the CRA 2015? what are the grounds for rejection? is it within 30 days of purchase or is it outside this time frame, if so you may have to afford them the chance to fix the car first.

I must confess i haven't had the chance to read the whole thread, only the posts from the defence onwards

[Apollo14LMP]

I rang them twice and asked them to repair the car - they refused - made statements on the phone which included - were not shelling out on the car, and refused to fix it. Sent Breach of contract notices to the registered address. Their compound (never signed for refused Royal mail said)... wrote to them to fix car. As they refused their right of repair I rejected the car - I have a copy of my phone records which is my main issue - their refusal to fix the car. So their chance to fix the car went out the window. This was after 30 days - they didnt contact me till 22/12/18 when they offered to "look" at the car. They had already refused to repair it. Car was undrivable so I couldnt get it back anyway they knew this then got the Legalsolution4u.co.uk to contact me. If I ask someone to fix the car and they refuse is that a failed repair ?? They also state I must take the car back and have a form I signed which is on this thread which states I am "responsible" for taking the car back - which is disputed..

I also emailed on the day that they refused to fix the car - a breach of contract notice stating clearly what I have indicated above which is now that you have refused to repair the car I am rejecting it - stating that I note their comment - ie not shelling out on that car this was done on the day at 17.30 hrs an hour after their phone calls.

[Apollo14LMP]

Email sent day of refusal never spoke to them since ...

[pt2537]

I rang them twice and asked them to repair the car - they refused - made statements on the phone which included - were not shelling out on the car, and refused to fix it. Sent Breach of contract notices to the registered address. Their compound (never signed for refused Royal mail said)... wrote to them to fix car. As they refused their right of repair I rejected the car - I have a copy of my phone records which is my main issue - their refusal to fix the car. So their chance to fix the car went out the window. This was after 30 days - they didnt contact me till 22/12/18 when they offered to "look" at the car. They had already refused to repair it. Car was undrivable so I couldnt get it back anyway they knew this then got the Legalsolution4u.co.uk to contact me. If I ask someone to fix the car and they refuse is that a failed repair ?? They also state I must take the car back and have a form I signed which is on this thread which states I am "responsible" for taking the car back - which is disputed..

I also emailed on the day that they refused to fix the car - a breach of contract notice stating clearly what I have indicated above which is now that you have refused to repair the car I am rejecting it - stating that I note their comment - ie not shelling out on that car this was done on the day at 17.30 hrs an hour after their phone calls.

Right then in that case you can exercise the right to reject the goods, you must not at any time act in a way which is inconsistent with rejection. It seems to me you have good grounds to fight this case.

How much did you pay for the car?

[Apollo14LMP]

Thank you in the end 1500 but a matter of principle .. is it possible to get defence struck out ? Car dealer has not completed statement the signature is not his .... that cannot be right ? I believe the struck off solicitor is doing all this ... again thank you

[pt2537]

Thank you in the end 1500 but a matter of principle .. is it possible to get defence struck out ? Car dealer has not completed statement the signature is not his .... that cannot be right ? I believe the struck off solicitor is doing all this ... again thank you

Its not sadly what you believe, its what you can prove, unless you have a handwriting expert the bar is very high and even if you were to apply to the Court the chances are the Court would say ok they have 14 days to resubmit correctly signed papers anyway.

Its not a point that id hang a strike out on, especially when you have far better points

[Apollo14LMP]

Thank you for your kind advice ...