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Thread: Sarga continues...

  1. #1
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    Default Sarga continues...

    As some of you know, i bought my Vec C in June and the day after i picked it up i had to have the car recovered because of CIM failure. The CIM unit had suffered a power overload because the care had been in an undeclared accident and the airbag and airbag control unit was missing. The seller knew there was an issue with the car and offered to pay for the repair if the fault returned which obviously it did....

    Anyway to cut a long story short the bill came to over a £1000 and the seller refused to pay the bill even though he said he would. I have since taken action to start court proceedings and filed all my particulars with the court and the seller. Also text and wrote to the seller before starting court proceedings to see if that would do anything but he failed to respond.

    I found out yesterday the seller has issued a defence (don't know what as haven't seen the paperwork) but obviously this puts doubt in my mind that he will get away with not paying even though he said he would and i have written proof plus witnesses to say he did!

    Has anyone been through this sort of thing before?

  2. #2
    Regular Member nicj's Avatar
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    Can't really help all that much but try consumer action group forums they are brilliant with these sort of things. Good Luck x

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    Doubt if you will have any joy. Unless in writing or witnesses to what was said.

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    Quote Originally Posted by wickedwillie View Post
    Doubt if you will have any joy. Unless in writing or witnesses to what was said.
    I did say i had it in writing and i have witnesses.

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    dont panic wait till you see his defence he has to put one in but it will probably be recognised as B/S when the judge sees your paper work with his promise to repair

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    When you make your presentation in court, also advise them of any additional costs you have incurred

    The difficult bit may be getting payment if the case is awarded in your favour
    Therefore make sure a time limit is placed, for example you want £1000 to be paid within 28 days
    If the defendent fails to make payment you need to send documents to them in writing or in person, my preference is in writing and using Recorded delivery
    However, you may simply prefer to hand this over to a debt recovery company, they are not as expensive as you would think and can then have the court award you these additional costs (arrangements are slightly different in Scotland and the court can assign a warrant officer)

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    Quote Originally Posted by nicj View Post
    Can't really help all that much but try consumer action group forums they are brilliant with these sort of things. Good Luck x

    Thanks guys and girls, i have done what Nic suggested also and joined the consumer forum for some more advice.

    Once i receive his defence i will let you know what it says.

    I have to go to the garage tonight to ask them to do a report and also ask if i use their details for the trial. They said they would last time just want to double check.

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    I agree dont do anything until you see there defence as you will want to know exactly whats been said. Something along the lines of Sold as seen by the sounds of it.

    The good news is you have written proof. The fact he told means nothing unless you have it in writing so with that there should be no argument.

    With regards to witnesses that's all well and good but a) are they independent rather than friends/family etc and b) if they are will they come forward.

    Although i'm no expert, as far as i can see the fact you got written confirmation from the seller they would pay for this what more weight do you need in order to prop up your case??

    Keep us informed as there defense should be interesting based on what you've said so far.

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    watching with interest ...GOOD LUCK ..

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    The witness was my partner which i know wouldn't really count.

    My partner has just rang with the defence and the seller has simply stated the car was sold as seen, i had the opportunity to get the car inspected by an expert prior to purchase and that i had the opportunity to buy a warranty for the car and that in his opinion the claim is excessive and not what the original fault was when he sold the car.

    The receipt does not state sold as seen on it.

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