Hello, This query is coming your way in the very real hope you are able to advise. An ongoing Court Case re the rejection of a motor home supplied with a false MOT. I deliberately paid by card in order (I thought) to protect myself. I actually used two separate ones. After the collection of said camper, told it had been rejected and why - the company decided to do the necessary jobs and get me to accept it. I refused as these were MOT issues and the provider rang me to say he knew about them but the trader would not pay. I reported all this to relevant bodies inc ins. / dvla/consumer trade body/. Saga offered to send an engineer to check it over but before they did, the trader had collected it. I then applied to the two card companies for my money back. One paid immediately, whilst Barclaycard persists in not doing so. This incident occurred in Sept 2013 and continues despite two mediation calls where they admitted failure & offered me ridiculous amounts and one Small Claims Court where the judge found in my favour. Based upon that Dvla took me off the vehicle & backdated that and the ins co. Refunded annual amount. Barclaycard continues to remain deaf. Meanwhile, not only am I paying extortionate interest on the amount, but the trader has asked for an Appeal in County Court to challenge the decision. Not that my health matters here, but I am quite poorly, having suffered a burst gut less than a year ago, plus two other very big surgeries. The stress this has and is causing is an absolute nightmare to the extent that even my hair is falling out. This case comes up in a weeks' time and I would be really grateful for a tip or two. Many thanks. Mary XXXXXX
Hello my name is ***** ***** I will help you with this.
For now please let me know if leave to appeal has been granted?
On what basis is the appeal being sought?
Has the court ordered that you do anything such as file legal cases or skeleton argument?
Nothing at all
Was this initially a small claim>
Lesser harm and lower culpability - Category 3
Cat 1 starting point is : High level community order and the range of sentence is: Low level community order – 26 weeks’ custody
Cat 2 - Medium level community order . Range Band A fine – High level community order
Cat 3 - Band A fine . Range Discharge – Band C fine
Given this is non domestic I would think you would get a Community Order at highest.
Can I clarify anything for you about this today please?
Yes you could perhaps explain why I am in the wrong here and to expect any of the above sentences.
Sorry - I posted that to the wrong question! I am on the train
OK, I assume this was a small claim to start with?
Yes it was . Please read the original question.
Yes I read you said it was small claims Court. I should have asked how much was being sought?
And did you also sue Barclaycard as well as joint defendant as I assume you paid by credit card?
Yes, as I have already stated, pd by 2 cards. one pd up immediately that the camper had been rTd. After 2 mediation calls where trader offered £5k, not to charge ME storage but also keep the van, both offers refused. It was then taken up & allocated to SCC where I gave my evidence on oath. I was then seeking £8,225.71 - the balance still owing, plus items bought to furnish kitchen area in good faith and out f pocket expenses inc interest being charged by Barclaycard. the judge found in my favour. The dvla immediately removed me from ownership backdated to the day van was rtd.
On the very last day when an appeal could have gone in, they did it and refute the lot. This is despite the offers, the written admissions that they got it wrong and the 5 written statements which bear no relevance to any of it. A few are total, provable lies.
The reason I have asked for help is because I am stuck and apart from what I already have prepared inc two statements, the person who came with me to test drive it and my daughter who came to bring the thing home. She has included in her statement about the issues raised, that she felt an idiot driving a vehicle we later found to be faulty and carrying a false MOT. She also heard the owner assure. Us that he keeps everyone's guarantees and wouldn't hand over anything.
So they have provided MORE evidence?
NO - they have no more they are appealing the judges order
They are appealing the amount
They are appealing the Decision and also he rearranged date from September as my gut had burst and was unable to attend
Sorry, no. The last time I heard from them was their letter to say that they didn't cover this sort of situation. Even after the judges decision they wrote to refuse - and I had sent copy of it to them.
There has been a lot of illness for me this year with gut x 2 ops, nearly dying and also the third revision of TKR. Somehow I can hardly believe I am in this situation at all, so stressful.
My thoughts were to report Barclaycard to The Financial Ombudsman , which, due to everything I have been unable to get my head around yet.
Surely they are bound to cover your purchase to certain amount, which is why I used it in the first place. Had all been well, they would have been repaid the following month from family savings
There will now be another 5 months' interest paid plus more postage & ' phone calls. Since this happened in September 2013, surely they might owe me compensation for the downright mental stress. And the inability to use the vehicle which was already lined up to be accommodation for family, both pleasure and business. Vospa warned the garage who gave the false MOT. He also told them the same as he told me - that the trader would not pay him for the jobs mentioned. In ringing me at home to say that, he had had to go to some lengths to acquire my number as it is ex directory. He said' sorry love, put it down to human error'.
It was £ 7,687.50 to Barclaycard. My initial claim was for £9646.98, but I have had the deposit and camera monies refunded by the second card very quickly. So far the extra interest has cost me £1157.59
If you claimed breach of contract by misrepresentation in your initial claim then yes, but you can't amend the claim jow.
The original Judgment stands until it is overturned.
As to Barclays wait to see what the outcome of the appeal is.
If it is successful then you could sue Barclays.
Does that help?
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Thank you very much for your help this past few days Alex. I did 3 pages on misrepresentation and they have included it in their appeal, starring some of the points I made, most of which I have proof of.
My membreship renews tomorrow which I can I'll afford and therefore I need to use your advice as back- up, thank you and leave.
Very many thanks, ***** ***** I could do a bit more with you. Mary