Car refund refusal

[charitynjw]

Re: Car refund refusal

Unfortunately, you've just missed the last boat.

However, as a consolation prize, there's a King's Shilling in the post for you (Recorded delivery!)

[des8]

Re: Car refund refusal

[QUOTE=eifedwards;375216]Does that mean if the letters are sent back to me unsigned for then I have not complied with the Practice Direction??!!

No, you have tried, he has refused to accept delivery. This may even be construed as abuse of process by the defendant, although I doubt it would be taken that far in this case!

[eifedwards]

Re: Car refund refusal

MBNA have given the car dealers till the 11th October to reply to their correspondence, after which they will make a decision I suppose.
Have done some more research in to the Court procedures and it looks like it is an extremely lengthy process. No wonder people give up. The longer it drags on, the longer I have to rent a car to travel to work. Lets just say that I am at an impasse!
Cheering up messages most welcome!

[labman]

Re: Car refund refusal

This might save you some money:

http://milenium-rent.hr/files/images...ar-picture.jpg


Cheer up!

[CleverClogs]

Re: Car refund refusal

Did the OP ask about cambelt renewal? probably not but if the law says car can be returned that's what should happen if its not fit for purpose

I do not believe that insufficient motor spirit or diesel gas oil in the tank would be adequate grounds for rejecting the jalopy.

[eifedwards]

Re: Car refund refusal

Not rejecting it on those grounds. The major oil leak from the gearbox and being lied to about the cambelt being overdue are my reasons. Cant drive it in its current state.

[eifedwards]

Re: Car refund refusal

Ha ha. I think the photo from above is more roadworthy than my sad motor!

[labman]

Re: Car refund refusal

Ha ha. I think the photo from above is more roadworthy than my sad motor!

Indeed - it moooooves!

(Bet you regret asking for cheer up messages now)

[eifedwards]

Re: Car refund refusal

Nah, keep them coming.

[CleverClogs]

Re: Car refund refusal

Not rejecting it on those grounds. The major oil leak from the gearbox and being lied to about the cambelt being overdue are my reasons. Cant drive it in its current state.

Can't you put some more oil and sawdust in the gearbox?

[des8]

Re: Car refund refusal

In the past oil leaks were dealt with by placing a tin can underneath and recycling the caught drips!




The Americans used to refer to the BARS system (The British anti rust system) as the oil spewed down the underside of any British car in the 60s worked a treat before the advent of underseal!

[eifedwards]

Re: Car refund refusal

The latest from MBNA is: They have talked to the Car Dealers who of course maintain the position that they want the car back to examine and repair it. Their tone seemed to be that they would not refund me, however, I know that the person dealing with my case can not give his opinion until it goes from him to his legal team.
To my mind the whole thing seems clear cut - I got sold a heap of junk by the dealers who contravened all 3 bits of the Sale of Goods act and therefore I should get a refund under section 75 from MBNA. Unfortunately, I am sure that reality will hit in a few days when they decide what to do (14th October).

So, I am now beginning to realise that I will have to go to court in order to get my money back. I will have no hesitation in doing this however I do have to weigh up the pros and cons of doing so. My main concern is how long does the process take on average? I know that there can be complications post judgement but does anyone know how long it will take me to actually go to court?

[eifedwards]

Re: Car refund refusal

Annoyingly, MBNA have rejected my claim under section 75. Now not sure what to do.
Do I now serve the court papers on the dealership. they are not the sort of people who fold and so it would have to go all the way, or do I cut my losses and get rid of the car at trade (5k offered by Carshop) and just take it on the chin.

Opinions please

[labman]

Re: Car refund refusal

Is the option of the dealer repairing it - oil leak and cambelt - not still on the table? There's surely nothing to lose by giving them the chance to repair it, if they fail to do so (try and get a courtesy car from them as well) then you have Trading Standards etc... available to you before court.

A problem I always try to caution about is don't make threats about court etc... unless you're willing to carry them out. I think you gave them a deadline long since past?

I just wonder if repair may be your best option.

[eifedwards]

Re: Car refund refusal

The offer to repair the gearbox is still there however the dealer still refuses point blank to replace the cambelt. Surely this means that the car is still not fit for purpose or am I just being stupid?

The deadline I gave was 11/10 which has gone by a few days ago. I thought that was fair. Am not scared of the court option just weighing up the hassle factor (rental cars, grief from wife! etc etc).