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Hi Rob, I am sure that many on here are very interested and wish you well with your pursuit. I would now go it alone and geta CCJ against them. Failure to pay I would get the Sherriffs involved and take hit of that few hundred for your own personal satisfaction. The CCJ will cause them trouble with banks and their credit rating. That to a trader is not good business. I hope you had a nice break away from things.
 

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Discussion Starter · #182 ·
Hi Rob, I am sure that many on here are very interested and wish you well with your pursuit. I would now go it alone and geta CCJ against them. Failure to pay I would get the Sherriffs involved and take hit of that few hundred for your own personal satisfaction. The CCJ will cause them trouble with banks and their credit rating. That to a trader is not good business. I hope you had a nice break away from things.
Thank you for your steadfast support, @Fighterpilot. I hope that you have been able to enjoy some well-earned time away too.
I must say that my short break at the coast did me the power of good, and was exactly what I needed in terms of a change of scenery; the belated opportunity to take my camera out and to get creative.
 

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Not to go off subject but photography was my hobby with which I did a C&G in General Photography. I must get my Nikons and RB67 out again and get shooting (film)
 

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It looks like the Trader is trying to be clever and hoping that refunding half of what is owed will make you go away. Let's hope that your Letter Before Action will persuade him otherwise. I wish you all the best in getting the remaining funds returned to you.
 
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Discussion Starter · #185 ·
Not to go off subject but photography was my hobby with which I did a C&G in General Photography. I must get my Nikons and RB67 out again and get shooting (film)
I'm sure the good people who moderate this forum will understand and accept a quick detour from the main thrust of the thread! I imagine most here will have hobbies aside from their motoring passions. Respect to you for persevering with film!
 

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Discussion Starter · #186 ·
It looks like the Trader is trying to be clever and hoping that refunding half of what is owed will make you go away. Let's hope that your Letter Before Action will persuade him otherwise. I wish you all the best in getting the remaining funds returned to you.
Thank you kindly, @chrisjp. Yep, it sure looks like an attempt to fob me off.

Thanks again, all. Even if I don't know you guys personally, it is heartening to know that support and encouraging words are available.
 

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Keep at it - shame you can’t get the professional help - but if you follow the procedures then hopefully you get the outcome you should !
Cheeky f-ers sending 50% back - what’s that about ? ITS YOUR MONEY !
 
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Discussion Starter · #189 ·
Any news Rob?
Hey @Fighterpilot! I hope you - and all forum members - had a great weekend?

Nothing positive to report, I'm sorry to say. It has now been 14 days since my Letter Before Action was delivered and 17 days since I posted it. That means that this latest deadline is now up and I'll therefore be carrying out my intention to formally issue a claim.

I took some time over the weekend to get all my supporting documentation in order and properly labelled. This should help me be as prepared as I possibly can when it comes to the next stage.

(Off-topic, but) it was great to indulge in plenty of sport on TV as a happy distraction!
 

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Hopefully the next stage (actually issuing the summons) will engender some action. It is quite common for this type of company to leave it as late as possible to do anything. No amount of letters threatening do them any actual harm. A court case can on many fronts (esp when you win and then go very public with it). It will also lodge a CCJ against them which is bad for credit ratings. Now is the time to proceed at full speed and hope they will come to their senses. They may try at this point to pay the balance but not your costs (be wary of terms such as "full and final settlement"). It is your decision of course as to whether the costs are worthwhile to get the balance, or whether you want everything you can out of them (bear in mind costs can include time you have taken trying to resolve the situation)
Good Luck!
 
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Discussion Starter · #191 ·
Hopefully the next stage (actually issuing the summons) will engender some action. It is quite common for this type of company to leave it as late as possible to do anything. No amount of letters threatening do them any actual harm. A court case can on many fronts (esp when you win and then go very public with it). It will also lodge a CCJ against them which is bad for credit ratings. Now is the time to proceed at full speed and hope they will come to their senses. They may try at this point to pay the balance but not your costs (be wary of terms such as "full and final settlement"). It is your decision of course as to whether the costs are worthwhile to get the balance, or whether you want everything you can out of them (bear in mind costs can include time you have taken trying to resolve the situation)
Good Luck!
Thank you for the encouraging words, @devonia! Exactly my thinking.

If and when any kind of out of court settlement is offered, I'll be acutely aware that actions speak louder than words.
I've found the trader to be utterly untrustworthy up to now, so unless he actually coughs up for real, I'm unlikely to simply accept his word.
 

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Discussion Starter · #193 ·
He sounds like a back street rogue that unfortunately thrive everywhere because people won't fight back. You keep at it and I am sure everyone on this site backs you 100%.
Appreciate that, @Fighterpilot, thank you.
I'm not the best at negotiations, so the prospect does concern me somewhat, especially as this is brand new territory for me. I'll definitely be very wary of whatever the trader may come back with.
 

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I’m sure there’s a wealth of experience on these forums should you need any assistance then pop it on here and someone will undoubtedly be able to assist you ;)
 
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If and when an offer does appear, do not stop/ pause court action until you actually have the money. ( I used to run a company supplying the construction industry so trying to get money out of people was a regular occurrence.). But do respond to any offer as not doing so may affect how the courts view your case. A straight no to any offer is perfectly acceptable , just make sure you respond. Lack of negotiating experience in this case is no problem, you are not negotiating, merely demanding you refund and costs.
Go for it!
As Ivor has said any help you need is here 🧐
 
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Discussion Starter · #196 ·
If and when an offer does appear, do not stop/ pause court action until you actually have the money. ( I used to run a company supplying the construction industry so trying to get money out of people was a regular occurrence.). But do respond to any offer as not doing so may affect how the courts view your case. A straight no to any offer is perfectly acceptable , just make sure you respond. Lack of negotiating experience in this case is no problem, you are not negotiating, merely demanding you refund and costs.
Go for it!
As Ivor has said any help you need is here 🧐
Very sound advice indeed, @devonia, thank you, that's truly excellent.

I'll be keeping in mind those two key principles:

1. Don't discontinue the claim until and unless it's demonstrably paid
2. Respond in writing to any offer (and keep copies of any such correspondence)

I know this is all basically common sense, but if I'd had more of that in the first place:

a) I'd have scrutinised the purported service history before buying, and
b) I would have made any payments by card ONLY, and
c) Not only do these traders know every trick in the book; they WROTE the book

Onwards and upwards!
 

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c) Not only do these traders know every trick in the book; they WROTE the book
However as a business, they are expected to know contract law, you, as an individual are not. So the onus is always on them to ensure any transactions are clear etc. In this case though there appears to be no doubt. Don't get to concerned about technicalities, just proceed with claim . If any spurious counterclaim are going to appear they will appear then. Bear in mind anything they may say in their defence you will be aware of before the court appearance
 
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Rob, if you made any payment by card over £100 then the credit card company or bank can be involved to get your money back. Even if the car was £30000 and you have paid £100 on the card they are liable also for the transaction.
 

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Discussion Starter · #199 ·
Rob, if you made any payment by card over £100 then the credit card company or bank can be involved to get your money back. Even if the car was £30000 and you have paid £100 on the card they are liable also for the transaction.
Section 75, @Fighterpilot? Cheers chap.

All I know is that only the first £250 was paid on a debit card as a deposit. My bank weren't particularly helpful(!) particularly with regard to the bank transfer for the principal sum. But fair enough, their hands are tied. Albeit in good faith, the mistake of sending a bank transfer was my own doing and I have been taught a lesson for life.

Both the bank and the solicitor kinda said "you're s**t-out-of-luck on that one if you didn't make the big payment by card".

Sure I could go through the bank's card dispute process for the paltry £250, but they recommended exclusively pursuing the legal route for the full amount rather than trying to navigate both (bank + legal) routes concurrently and separately.
 
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