Used car faulty after six days from purchase.

[explorer121]

Re: Used car faulty after six days from purchase.

Thank you. As I understand it the trader must bear any reasonable costs of returning the goods as they have been rejected. As the goods, the car, was delivered to my home address then the onus is on the trader to pick it up and refund any monies paid for it without any deductions.
(9)The consumer’s entitlement to receive a refund works as follows.(10)To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money.

I also note that the CRA2015 states
(15)A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.(16)If the consumer paid money under the contract, the trader must give the refund using the same means of payment as the consumer used, unless the consumer expressly agrees otherwise.
(17)The trader must not impose any fee on the consumer in respect of the refund.

My worry is that the trader has not agreed to a full refund in this instance.

[des8]

Re: Used car faulty after six days from purchase.

Because the trader has not agreed to a full refund is the reason for initiating court proceedings.
You are looking to the court to order him to comply with the law and pay you the full amount.

[explorer121]

Re: Used car faulty after six days from purchase.

Good afternoon,

have been to CC today and was successful in my claim. The Judge awarded full costs, interest and the original amount paid for the car. He also stipulated that the judgement was not dependant on them collecting the car and gave the motor trader 14 days to pay.

My sincere thanks to des8 as all of this would not have been possible without his guidance and advice.

A fantastic outcome.

[des8]

Re: Used car faulty after six days from purchase.

Well done, congratlations.

[explorer121]

Re: Used car faulty after six days from purchase.

Hello,
just an update. After a short lived celebration I am now faced with a situation where I will have to apply for a Warrant of Control as there has been no response to the 14 day time limit set by the Judge. I am also waiting for confirmation of the Judgment after a court hearing on 8.7.16. I know they are understaffed etc but it's a long wait !

[ostell]

Re: Used car faulty after six days from purchase.

I know that problem ! email the court and politely ask that they send the formal notification of the judgement so that you can pursue further. It could be that nothing has happened because the formal notification of judgement has not been received by the trader.

Also write to him pointing out that failure to pay by return will result in a CCJ being recorded against him making it difficult for him to obtain credit in the future, even simple contracts such as a mobile phone. Remind him that if you have to start enforcement then that will significantly increase costs for him.

[des8]

Re: Used car faulty after six days from purchase.

Did the Company attend court to defend ?
If it did the directors will know the result anyway as that is given by the judge at the time, and so they should not be awaiting written confirmation.
14 days from the day of judgement means just that, so I would follow Ostell's advice.

[explorer121]

Re: Used car faulty after six days from purchase.

Thank you. No they did not attend and wrote in saying it was too far to attend. I will follow Ostell's advice and write to them raising the points measured.

[explorer121]

Re: Used car faulty after six days from purchase.

Hello,
having emailed the motor trader outlining the judgement and time limit together with the consequences on non payment this is the reply 'We have not received one bit of correspondence regarding this case.


I will make contact with the court tomorrow.'

Nice to know some people aren't even bothered about finding out the details of the hearing !

[ostell]

Re: Used car faulty after six days from purchase.

"Head in sand" syndrome

If you let the court know that he has not paid then that CCJ will be recorded

[des8]

Re: Used car faulty after six days from purchase.

Agree, if the defendant can't be bothered to attend it seems unfair that he can delay payment without sanction until he receives the court's written order as per CPR 40 2 (2).
Perhaps when obtaining judgement the creditor should request interest up to the date of payment... possible under sec 74 of County Courts Act 1984?

[charitynjw]

Re: Used car faulty after six days from purchase.

If I'm reading this correctly, you could send in the Sheriffs ( High Court Enforcement Officers )

[explorer121]

Re: Used car faulty after six days from purchase.

Thank you, I agree wholeheartedly. The Court have been informed of non payment and interest has been added to the date of the hearing. I must admit at this stage I am keen to request for warrant of control and let the bailiffs sort it out.
I noticed this morning the Motor Trader asked me if I had a copy of the judgement !
I haven't replied as I think the answer would be unprintable !
Will let this ride until I have the letter from the Court detailing the amounts ordered as require by the warrant and to also see what happens after he contacts the Court.

“Early to bed and early to rise makes a man healthy, wealthy, and wise.”
― Benjamin Franklin

[ostell]

Re: Used car faulty after six days from purchase.

So get onto the court to get them to issue the formal notice and hopefully they will also send a copy to the trader. When you get a copy then send a copy to the trader with a repeat of your request.

[explorer121]

Re: Used car faulty after six days from purchase.

Reply from the Court
:

Good morning
Thank you for your email.
We can confirm that the Order is in the process of being
typed. Unfortunately, the matter had to be referred back to the Judge with a
administration query regarding the Order which has caused a further delay for
which we apologise.
We will ensure that the Order is typed and a copy is sent to
you as soon as possible.
Kind regards
Civil Section
and reply from Motor Trader
It is now 09:55am and I have been on hold for 55 mins trying to get in contact with the courts for some correspondence.

I have also sent an e-mail.

If you have anything from the courts with the outcome could we please have a copy.