Refusal of a refund for £3,100

[curly]

I think most would agree that the best way to deal with something like this from the beginning is to do it as quickly as possible and to both parties satisfaction.

Well that was how it started, I messaged him saying there were a number of faults with the car and wanted to return it for a refund, the seller messaged back in agreement and without delay to collect the car and give me a refund, two days later he collected the car, this was the agreement and he seemed to be very genuine.

There was nothing untoward about this at the time, it was only when he had the car and my payment in his possession that his demeanour changed.

At this point all my advice from Citizens advice etc. was to put it in the hands of the CC co being protected by section 75.

The escalation of time has only been caused by following the correct procedure at the time, it has become lengthy because the seller keeps making false statements, asking for items he never supplied and paperwork that has nothing to do with giving me a refund and the CC co going along with him.

Finding myself still without my refund three months later is due to the system being in favour of the sellers actions, If he was charged with fraud I think it would have ended months ago.

However hind sight is a wonderful thing.

If the CC co does not pay up I will have no hesitation in opening a SCC for the full amount and for compensation and costs on top, a £5000 claim should be just about right.

 

[s5tuart]

If the CC co does not pay up I will have no hesitation in opening a SCC for the full amount and for compensation and costs on top, a £5000 claim should be just about right.

That is what I'd have done from the beginning but of course, you need to be comfortable with the actions you decide upon.
I'm glad for you that you're now considering SCC.

 

[lewyboy]

It would be interesting to hear the dealer's viewpoint.

 

[DSK]

Is there any update on this?


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[curly]

Is there any update on this?


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Hi, yes,
I have issued the seller a claim for £3,100 in the SCC plus costs for compensation, distress, inconvenience & monitory loss, the paperwork has already been given to him with a 14 day time limit, he has not replied yet.

 

[M80]

Hi, yes,
I have issued the seller a claim for £3,100 in the SCC plus costs for compensation, distress, inconvenience & monitory loss, the paperwork has already been given to him with a 14 day time limit, he has not replied yet.

Happy to be wrong but I perceive the CC to concern itself with out of pocket losses.

 

[curly]

Happy to be wrong but I perceive the CC to concern itself with out of pocket losses.

Maybe, but this advice was given to me by the Financial Ombudsman Services, I will attempt any and all compensation I am able to as part of my claim in addition to the £3.100 he has owed me since August 2022.

 

[sonic]

Thats a nice xmas present for him, I wish you success in court.

 

[Droverunner]

>>> I perceive the CC to concern itself with out of pocket losses.

Yes my experience is they are more likely to find in your favour if it is a simple claim for the actual/substantial loss and not complicated by "distress" claims and that type of thing. After all as the buyer I'd shoulder a fair bit of personal responsibility buying unseen from a garage that had every bit of evidence available at the time of purchase saying it was unwise to do business with them. If you take a chance in life for your own benefit you do have to accept it doesn't always work out.

However I do hope the claim is swiftly settled because, on the evidence presented to us, at the very least £3100 is due for refund.

 

[DSK]

Hope you get your money back soon.

I also agree with courts rather than go for it all and sound like you’re whinging just go for factual/evidential losses that could have been avoided had the seller not been a twonk.


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[curly]

Hope you get your money back soon.

I also agree with courts rather than go for it all and sound like you’re whinging just go for factual/evidential losses that could have been avoided had the seller not been a twonk.


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I understand what you say but the seller wants the hearing in Norfolk, this means a train journey to and from Plymouth as often as it takes. With the difficulty he has shown so far everything he has done has been based on lies and deception.

He may have the hearing postponed a number of times knowing that it will cost me the price of the fares amounting to several hundreds of pounds, hence my application for costs and inconvenience, I really don’t think it will be as easy as one hearing and a full immediate refund to follow. It is my understanding that if I seek ‘compensation’ it has to be applied for prior to the hearing,

as you say..... “ losses that could have been avoided had the seller not been a twonk.”

 

[Droverunner]

Again from my experience... The court will not allow you to add in future travel costs that may or may not happen, costs will only be considered that have a basis in law. The whole point of what we call the small claims process is that it is for simple cases where the court makes a decision on the day. The dealer can appeal if the ruling goes against him but only on a point of law not on the decision being fair or not. Of course winning in court is one thing but actually getting your money may be another agony, but step at a time.

 

[curly]

I think this is the sellers plan, to cause me as much financial harm and loss as possible, but if the case is heard in Plymouth and not Norfolk he will have shot himself in the foot.

 

[00slk]

You can appear via skype or video phone, save you travel costs. However if the seller doesn't turn up then it rules in your favour and after a short period of time you can have the bailiffs sent in to his business to retrieve your money.
Under what grounds would the seller appeal if he loses?? Usually SCC findings are final, unless things have changed.
Otherwise the SCC would not be handling your case. Plus you possibly won't receive any additional costs I'm afraid, that would also be organised with bigger courts cases.

 

[Droverunner]

>>>Under what grounds would the seller appeal if he loses?? Usually SCC findings are final, unless things have changed.

Yes that was what I meant a couple of posts back. An appeal can only be made on the grounds of law/procedure not as a challenge to the decision. I don't think this is going to be in the realms of the next Vardy vs Rooney.

 

[00slk]

>>>Under what grounds would the seller appeal if he loses?? Usually SCC findings are final, unless things have changed.

Yes that was what I meant a couple of posts back. An appeal can only be made on the grounds of law/procedure not as a challenge to the decision. I don't think this is going to be in the realms of the next Vardy vs Rooney.

But it's more exciting

 

[curly]

It was the cost of traveling that I was mostly concerned with, as the seller was quite adamant that the case would be heard in Norfolk.

 

[Ron240]

It was the cost of traveling that I was mostly concerned with, as the seller was quite adamant that the case would be heard in Norfolk.

Why does he get to choose?

 

[curly]

Why does he get to choose?

I assume because that is where the sellers business is based and where the car was purchased from.

 

[M80]

This has, by design methinks, become more complicated than anticipated.
Litigation is often a game of bluff, who will fold 1st?
The more simple CC isn't simple, certainly not as simple as originally designed for the 'man in the street' to use. Not to exclude the woman, wherever she lives.

If you believe in this, as he seemingly does (and I don't infer he believes in any form of justice, merely his ability to play this). You need, imho, to pay monies to a professional litigator, and hope you recover your outlay in court.
The problem there is that CC limits the claims for professional costs. You may need escalate to High Court and challenge his bluff.
Btw, I know next to nowt about this stuff.