Section 75 Vehicle

[R0b]

Re: Section 75 Vehicle

Well they will probably seek to set it aside if they do obtain it, have you contacted the court to see if they have responded to the court?

The car in theory should be yours if they fail to respond and obviously you will have obtained judgment but I would suggest against carrying any work until you have the money or as I said hey could seek to set it aside and then go back to court which the court might then decide not to allow you ownership of the car and instead award damages - so I wouldn't get too excited yet

[Notinmylife]

Re: Section 75 Vehicle

Still no reply but if they do settle I expect them to leave it to the last minute. not worried about that.

is there any advantage to doing it that letting a ccj get registered against them then trying to get it set aside. Rather than Defending it in the first place.

They know they have to pay something its just what they pay and whether I keep the Vehicle or not.
and for them not it is not about the cheapest option.

[Notinmylife]

Re: Section 75 Vehicle

so they filed acknowledgement of service. expected as much. Can't wait to see what there defence is going to be.

[Notinmylife]

Re: Section 75 Vehicle defence

Well I attached there joke of defence, I got evidence that covers everyone of there points raised and the bank have already made offer and I don't know how they can defend the claim completely.

As they never offered us any repair in till the claim was put in we where entitled to ask for a Partial Refund.

They also put in CPR Part 20 Deference against the Dealer. which may be the only reason there are defending.

[des8]

Re: Section 75 Vehicle

Not surprised their defence paras 10 through 10.3 are as per query in post 10.

[Notinmylife]

Re: Section 75 Vehicle

I am not surprised at the defence in some respects and in 10 - 10.3 but they should not of defended the whole claim

What would anyone advise repair costs could go above partial refund I asked for. so I will present that as Evidence.

[des8]

Re: Section 75 Vehicle

Their statement para 10. about the faults being present at the time of the sale, seems to be a wriggle to get out of their obligations under CRA 2015 sec 19 (14)
"For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day."

Repair costs award would haveto be on the basis of the final actual repair costs, not on projected costs.


Would be interested in seeing your actual Particulars of Claim, if that'spossible please.

[Notinmylife]

Re: Section 75 Vehicle

Particulars of Claim,

The Vehicle bought from
My-lhd.co.uk was not as described not of
satisfactory quality and not fit for
purpose. I am claiming for £6,900 Partial
Refund of the Vehicle,that we wish to keep.
£92.11 interest £10 a Day for loss of use
totalling £610 since 22/02/16 £73.44 Transport Fee to
Garage for Repair Estimations as Asked for by
Lloyds Banking Group.(Halifax CC)
Under Section 75 it was agreed that Vehicle
purchased was not fit for purpose. I
rejected there final Offer of refunding
purchase Amount at £8,900 as the condition was
it had to be sold on with no Option to Keep
the Vehicle and Sell Price would be deducted from our
Refund Amount.
Due to the substantial work
needing doing to it and Lack of MOT or UK Reg
The Vehicle in question would sell for less than £1000. We offered Value of £2000.
There offer also does not cover all the additional expenses I have had.
All amounts from the Partial refund would be
used to fix the Vehicle to the standard it
should of been sold in.

(After this claim was submitted they sent us letter asking us to scrap the Vehicle if we accepted a full Refund.)

Repair costs award would haveto be on the basis of the final actual repair costs, not on projected costs.

If that is the case we can get the Vehicle fixed and will use repair Invoice and receipt as evidence
(After this claim was submitted they sent us letter asking us to scrap the Vehicle if we accepted a full Refund.)

[des8]

Re: Section 75 Vehicle

In post 1 you said bank had already agreed (in writing?) that vehicle was not fit for purpose, which rather shoots down para 8 of their defence!

I honestly do not think you will win a partial refund.
IMO you will ge a full refund and return either i) the car or the amount received when sold or ii) the actual cost of repairs.
.
If you now go ahead and have the car repaired, you will need to amend your claim (and that involves costs)

[Notinmylife]

Re: Section 75 Vehicle

how long will it take to get hearing we can't wait much longer to the Vehicle repaired.
We could argue that due to the amount of time it has taken so far we had no option but to get the Vehicle repaired.
The only offer did not offer report costs fees or transport fees.

Partial refund was only sought when they did not off us repair costs which was what asked for at first. Partial refund be offered as final solution. We had no idea of final repair costs at that time.
but by the time it reaches next stage we could have the Vehicle repaired with the repair costs being very close to the Partial refund or more.

Its not up to us to dispose of the Vehicle they was not willing to collect it. we offered more that the Vehicle was worth as we have written evidence they wanted us to scrap it.

Should we write formal response highlighting the evidence to there solicitors ?

Anyway if it was bought under 6 months is it not on the them to prove that the Vehicle was not Faulty with issues mentioned rather than me proving it was. ?

I can prove its not been used on UK roads as it as as no MOT. so I have no use of it.


"If the car you bought fails on any of the three key points within the first six months, you‘re entitled to have it repaired or replaced, or to get a partial or full refund under the Act."

[R0b]

Re: Section 75 Vehicle

You can file a reply to their defence if you would like but the reply needs to be sent together with the directions questionnaire when you receive it.

Once the directions questionnaires have been filed with the court then a date will be allocated for the hearing. Going to court is not a fast process and in all honesty the time you've spent on issuing and submitting the claim you could have had a decision from the Ombudsman with less expenses to incur.

Anyhow, you are where you are now and you will have to sit and wait it out until the trial date or offer to settle the claim.

[Notinmylife]

Re: Section 75 Vehicle

You can file a reply to their defence if you would like but the reply needs to be sent together with the directions questionnaire when you receive it.

Once the directions questionnaires have been filed with the court then a date will be allocated for the hearing. Going to court is not a fast process and in all honesty the time you've spent on issuing and submitting the claim you could have had a decision from the Ombudsman with less expenses to incur.

Anyhow, you are where you are now and you will have to sit and wait it out until the trial date or offer to settle the claim.

We need to get the Vehicle repaired and will use the repair evidence as proof of our repair costs.
They copied in the Dealer now under Part 20 defendant,

[des8]

Re: Section 75 Vehicle

You might be able to negotiate a settlement at mediation stage.

[Notinmylife]

Re: Section 75 Vehicle

So update
we put in settlement offer, of repair costs capped at purchase price. (we are currently getting it repaired)
No response for 12 Days. and a follow up Phone Call message left no response.
Sent back Directions Questionnaire agreeing to mediation along with Copy of our offer of settlement. and stating that no response to offer of Settlement.

After receiving our DQ Eversheds finally phone us asking if the Vehicle has been scrapped. and we state that we have started getting it repaired and they will put it to there client when we have final repair costs. no indication either way.

We received there Directions Questionnaire.
No agreement on Mediation.
They want to use Expert Witness. Halifax have had this option before, that repair costs was enough.
No preference on Court. (we asked to use a Local Court due to Childcare)

[Notinmylife]

Re: Section 75 Vehicle

It seems like the part 20 has liquidated his businesses in the past, will he just do that this time.
obviously this does not effect me as the Bank still has to pay us something (This case comes down to a question of what)

Eversheds fees will be quite substantial. and my first offer was cheaper what does the Bank hope to achieve as it obviously is not about money.