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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Are you saying the Ombudsman got it wrong please?
Yes although although the ombudsman can review before the final decision but at present I do not have any faith in the decicioning of the ombudsman
Decision making of the ombudsman
If you get a full refund of the car and deposit, on what basis are you saying you are entitled to a £750 replacement car?
No due to repairs on the car and it currently being off the road since Dec 2013 I have purchased another car second worth 750
Potentially you have a claim for the £3500
This is breach of contract by false representation
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.
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.
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.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
basicaly alex the car milage at time of purchase read 84000 miles when infact in 2009 on checking vosavisa records due to breakdown it was 115000 miles. Allthough I acknoacknowledge the finance company did not tamper with the milage; I have been miss sold the goods
Yes I understand this.
This is breach of contract.
Not as described and misrepresentation.
But you should follow the steps above to recoer your losses
Can I clarify anything else for you?
Who do i send the this to, the finance company, do i inform ombudsman, would it be better to have a solicitor
Yes you need to send it to the finance co
But you dont need to have a Solicitor as its a small claim and costs are limited for recovery so it would cost you more.
You dont need to inform the Ombudsman at this stage
Does that help?
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Yes i will proceed to inform the finance company i will also inform ombudsman of my intentions
Ok - good luck with this.