Court Claim or The Motor Ombudsman

**ostell** · 13th February 2017, 13:10:PM

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.

**fandabby** · 13th February 2017, 13:31:PM

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

**fandabby** · 13th February 2017, 14:55:PM

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.

?

**des8** · 13th February 2017, 16:24:PM

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!

**fandabby** · 13th February 2017, 20:29:PM

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.

**fandabby** · 14th February 2017, 10:31:AM

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

**des8** · 14th February 2017, 15:45:PM

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.

**fandabby** · 14th February 2017, 15:59:PM

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

**des8** · 14th February 2017, 16:51:PM

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

**pt2537** · 14th February 2017, 17:25:PM

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

**des8** · 14th February 2017, 17:35:PM

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 19^th for £13,995. This money was sent faster payments as this was his method was. "

**pt2537** · 14th February 2017, 17:39:PM

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 19^th for £13,995. This money was sent faster payments as this was his method was. "

**fandabby** · 14th February 2017, 18:12:PM

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

**des8** · 14th February 2017, 18:20:PM

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!

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