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Hello my name is ***** ***** I will help you with this.
You do have a case as they are in breach of Section 13 of the Sale and Supply of Goods and Services Act by failing to act with all reasonable skill and care.
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 signed 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?
Sorry if he is in breach of the sales and goods act then why couldn't Trading standards advise this they said an acceptable amount to pay was 10% either way?
He never advised at anytime the vehicle was not fit for purpose?
I can't answer for Trading Standards - remember they are run by Citizens Advice
But in any event the law is on your side
Does that help?
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Had a few more questions :- 1. The trader has come back advising that he will accept payment but without duress and only have the vehicle ready if we agree to that stipulation
2. Is it ok to drive the vehicle off the forecourt or is it better to take it away on a trailer
as we dispute the payment etc
if upon paying the balance amount in duress and he still doesnt allow us to take the vehicle as we have done so under duress what are our rights ? Can we still take the vehicle and get the local police involved.
Its a matter for you whether or not you drive it off.
If he makes you pay under duress make sure its on a credit card as they will be jointly liable
No we are saying that we are paying under duress as he went over the budget of 8k
Yes indeed, I would agree.
The budget and contract was £8k
That was agreed
He should NOT have gone over it
the final balance after further discount was £15,124 so balance to pay is £9,124
As I said they are in breach of Section 13
He's now been in touch and telling me he wants me to sign a documnet to say it's not under duress but it is
Well I would not agree to that.
Or say its without prejudice to your position
That's why we need to know what to do if he refuses to let the vehicle go
If he refuses then you need to seek a Court order that he delivers up the goods.
Its the same process with form N1 etc
But you are asking the Court for an order or 'delivery up'
as in if we pay the balance before we arrive so it's in his account then we can just drive off in the vehicle if he refuses to let us go the do we call the police and class it as theft
Well that would be hard, because it may be considered a civil matter
Thats what trading standards said to do and that they'd speak to him also?
But try the Police and if not successful you will need a Court order
He's spoken to a solicitor and now has completely changed his story and started saying things that are completely untrue so basically trying to lie about the last six months it's doesn't worry me as I know he'll make a fool of himself in front of a judge as the trading standards said it's very clear from my emails that I've always stressed about the budget that we are working too
Ok -you sound like you will need to get a Court order then
But use the process I described earlier on
He's also now saying that I gave them an open budget and calling me and my family a liars also with the last meeting he admitted they'd made a mistake in front of my wife and son,
what an N1 form?
Did you not read my earlier response?
Its form N1
Take it to Court
The Court will send a copy to the other side
The Court will then list the matter for hearing and decide whether to make an order to deliver up
That's it really
My question is I can't see how he's spent 6k on parts and would have to accept it on face value can I take it to another garage to get them to verify to see if he has installed all the parts?
That is why he is in breach of Section 13 of the Sale and Supply of Goods and Services Act 1982
okay thank you Aalex
No, thats ok. I just need to make sure you understand
Yes, do I have to file for the N1 first or try paying him and collecting the vehicle then filing my case to recover the costs
Yes that is correct