Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : I assume the dealer had an opportunity to inspect and the contract states you are due £6600 please?
Yes that is correct. The dealer test drove the car and I made them aware of the two issues which was the brake pads and the light.
When we actually did the hand over they did not check the car again. We merely did the paperwork and exchanged keys. They are saying that another bulb went and also the sat nag did not work. These were both issues i was unaware of. I feel that they have been very underhand.
Alex Watts : You need to write and set out your losses and request a refund of the shortfall within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the matter is defended it will be set down for a trial. As the claim is for £10,000 or less it will be a small claim and you will not need representation
Alex Watts : Can I clarify anything for you about this today please?
I am happy with the process of pursuing them for the money via the court the only thing I am worried about is in one of there emails they put the following:
Alex Watts : They can't counter claim for time spent.
Alex Watts : This is a small claim and those costs are not allows.
Alex Watts : @ allowed @
At this stage you are within your right to issue a claim of which we will defend and put our case forward. However if this is the case we will also be making a counter claim for additional costs and loss of time spent dealing with this matter.
They said the above to me.
Alex Watts : yes, not recoverable in a small claim.
Ok, am I well within my rights to claim it back then because they are trying to use bully tactics which is most unsettling.
I have long emails between both them and me but on some of them they have put "without prejudice" at the top. Does this mean I cannot use it as evidence?
Alex Watts : Yes you are indeed. You can only not use without prejudice if they mention terms of settlement,
Alex Watts : otherwise you can.
Alex Watts : or offers of settlemn.
Alex Watts : @ settlement @
Alex Watts : Does that help?
No there is no negotiations of settlement all the emails are is them saying they are taking the money. It is never discussed as a settlement.
Alex Watts : Ok. Then they can be usd.
Alex Watts : used
Alex Watts : without prejudice only applies to negotiations or discussions about settlement.
Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ok that is good to know.
Thanks for your help.