How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

This query is coming your way in the very real hope

Resolved Question:

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

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know if leave to appeal has been granted?

Alex Watts :

On what basis is the appeal being sought?

JACUSTOMER-cfdbzqjd- : Hello Alex. Yes the Appeal has been granted and is on February 15th.
JACUSTOMER-cfdbzqjd- : The judge has allowed the Appeal for the following decision.
JACUSTOMER-cfdbzqjd- : '
JACUSTOMER-cfdbzqjd- : It is arguable that this was a case in which the Respondent was not entitled to rescission under sect 48C of the Sale o. F Goods Act 1979 or to reject the motor home but only to damages. Time estimated 3 hrs.
JACUSTOMER-cfdbzqjd- : they appeal the order to repay me £8225.71 dated 4th August from hearing 1st August
JACUSTOMER-cfdbzqjd- : they appeal a mistaken figure sent out by the court.they appeal an amendment sent out by court for same amount
JACUSTOMER-cfdbzqjd- : they appeal they appeal amended court order dated 01/08/14
JACUSTOMER-cfdbzqjd- : they appeal notification of Decision of appeal Court dated 05/09/2014
JACUSTOMER-cfdbzqjd- : notice of Appeal dated 23/09/2014ŷ
Alex Watts : Thanks. What is it you would like to know about this today please?
JACUSTOMER-cfdbzqjd- : I would like to know my best way of going forward at this hearing please.
Alex Watts :

Has the court ordered that you do anything such as file legal cases or skeleton argument?

JACUSTOMER-cfdbzqjd- :

Nothing at all

Alex Watts :

Was this initially a small claim>

Alex Watts :

Lesser harm and lower culpability - Category 3

Alex Watts :

Cat 1 starting point is : High level community order and the range of sentence is: Low level community order – 26 weeks’ custody

Alex Watts :

Cat 2 - Medium level community order . Range Band A fine – High level community order

Alex Watts :

Cat 3 - Band A fine . Range Discharge – Band C fine

Alex Watts :

Given this is non domestic I would think you would get a Community Order at highest.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-cfdbzqjd- :

Yes you could perhaps explain why I am in the wrong here and to expect any of the above sentences.

Alex Watts :

Sorry - I posted that to the wrong question! I am on the train

Alex Watts :

OK, I assume this was a small claim to start with?

JACUSTOMER-cfdbzqjd- :

Yes it was . Please read the original question.

Alex Watts :

Yes I read you said it was small claims Court. I should have asked how much was being sought?

Alex Watts :

And did you also sue Barclaycard as well as joint defendant as I assume you paid by credit card?

JACUSTOMER-cfdbzqjd- :

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.

JACUSTOMER-cfdbzqjd- :

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.

JACUSTOMER-cfdbzqjd- :

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.

Alex Watts :

So they have provided MORE evidence?

JACUSTOMER-cfdbzqjd- :

NO - they have no more they are appealing the judges order

JACUSTOMER-cfdbzqjd- :

They are appealing the amount

JACUSTOMER-cfdbzqjd- :

They are appealing the Decision and also he rearranged date from September as my gut had burst and was unable to attend

Alex Watts : Did you also sue the credit card company you have said yes but please confirm ?
JACUSTOMER-cfdbzqjd- :

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.

JACUSTOMER-cfdbzqjd- :

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.

JACUSTOMER-cfdbzqjd- :

My thoughts were to report Barclaycard to The Financial Ombudsman , which, due to everything I have been unable to get my head around yet.

JACUSTOMER-cfdbzqjd- :

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

Alex Watts : How much was the actual charge to Barclaycard ?
JACUSTOMER-cfdbzqjd- :

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'.

JACUSTOMER-cfdbzqjd- :

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

Alex Watts : Ideally you should have brought Barclaycard into the proceedings as they are jointly liable under section 75 of the consumer credit sct.
Alex Watts : The judge could have found them liable instead.
Alex Watts : but the appeal will be to decide whether the judge got the law wrong, the procedure wrong or whether the decision was one which no reasonable judge could have made.
Alex Watts : the hearing will be to see whether the judge got it wrong.
Alex Watts : If the judge had a discretion to rescind the contract rather than damages then that is at the judges discretion
Alex Watts : It's likely the judge had the option and could do either, in which case the appeal will fail
Alex Watts : if you are claiming misrepresentation rather than breach of contract under the sale of goods act you are able to rescind.
Alex Watts : If you are claiming under the sale of goods act then your remedy would usually be damages.
Alex Watts : But if there is a choice to the judge of either damages or rescission then the appeal will fail.
Alex Watts : They need to show that the judge got it so wrong
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-cfdbzqjd- : Thank you Alex. Am I able to say that it was misrepresentation rather than breach of contract or is it too late? And if their appeal fails, does that mean that the original judgement stands & they must pay up? And where do I stand re Barclaycard & their commitment to cover people? Thank you. Sorry it's late, had to collect friends from Canada at airport and now we r off to bed.
Alex Watts :

If you claimed breach of contract by misrepresentation in your initial claim then yes, but you can't amend the claim jow.

Alex Watts :

The original Judgment stands until it is overturned.

Alex Watts :

As to Barclays wait to see what the outcome of the appeal is.

Alex Watts :

If it is successful then you could sue Barclays.

Alex Watts :

Does that help?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

JACUSTOMER-cfdbzqjd- :

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.

JACUSTOMER-cfdbzqjd- :

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.

JACUSTOMER-cfdbzqjd- :

Very many thanks, ***** ***** I could do a bit more with you. Mary

Ash and other Law Specialists are ready to help you

Related Law Questions