Caporegime
He is stealing the money from you effectively. Inform the police?
Question Regarding Deposits - Are they Refundable in Certain Cases?
- Thread starter shep_no_platinum
- Start date
there is no way a small claims action will be sorted that quickly - it will take 6 months if you're lucky.
And there's no such thing as a small claims court
Well hery majesty's money claim online which is linked on the small claims court site is what i will be using. I have used it before with a 'Denim' incident and it was sorted in less than 30 days.
Soldato
You have not entered into a legally binding contract. You have not received any goods.
He has no leg to stand on. Just call him up, advise him as such and say you don't want to, but unless the monies are returned, you will have to issue Court proceedings.
He has no leg to stand on. Just call him up, advise him as such and say you don't want to, but unless the monies are returned, you will have to issue Court proceedings.
unless you're on a large salary or contracting then taking some time off work (perhaps half a day or whatever) to recover £400 via a small claims court is probably worth your while
Associate
Buy the damn thing - every car has its niggles, from the brand new, to the £200 clunker, all part of the joy of ownership. What's the point of owning a rocketship like that without putting a bit of yourself into it?
From what you've described, a day visiting the breakers yard and fitting parts is all it needs.
From what you've described, a day visiting the breakers yard and fitting parts is all it needs.
Caporegime
I'd be worried more isn't wrong with it and buy completing the sale you would be left with a POS.
I'd say you had a lucky escape that thing looks hideous :S
Give him one more chance then hit up the money claims website and proceed.
Give him one more chance then hit up the money claims website and proceed.
oh, that was you?
there's still still no such thing as a small claims court. how did you get that sorted so quickly - it can't have gone throught the court process??? Did they just settle before a hearing?
Soldato
Good heavens that's an "interesting" looking car.
Associate
Fuel surge is what you would get if you used a "carb fuel supply system" on a fuel injected engine. As the engine in this case has carbs, and he has probably fitted an electric fuel pump (since the engine would have been injected previously and it wouldn't have any form of mechanical fuel pump on it) I would say that the car probably only needs a new fuel pump of the correct rating. It shouldn't need a new tank at all.
It could also be likely that the fuel gauge is still not reading correctly and that when it says it is on 1/4 tank it could be much less than that. I had a few mk2's and they never were the most acurate.
yeh they sorted it and had the ccj removed from their name.
i'm sending off the claim now, is this okay as the short description:
I agreed to buy a car from Jon Hunt for £2400
and paid a deposit of £400. The advert
described the car as being mint condition and
ok as a daily driver. The seller said the
earliest i could pick the car up is 26th
September as he needs it for work until then.
I asked if there were any problems with the
car which he said there was two. One with the
rev counter and the temp gauge. On Friday
September 10th the seller text me saying:
'when you come, i would recommend bringing a
jerry can to fill with fuel just incase. The
car doesnt like running sometimes with 1/4 of
a tank'. I said: 'why doesnt it like running
if it only has 1/4 of tank?'. He said:'Well
it does, but when you boot it for a long
period of time say down the motorway, the
pump wont keep up with the carbs. Its not
designed for that'. I am due a refund of my
deposit because the car was missold. No
problems and everyday runner were clearly
mentioned in the advert, this car is neither
an everyday driver nor without problems.
I still want the car but only if its fixed.
I agreed to buy a car from Jon Hunt for £2400
and paid a deposit of £400. The advert
described the car as being mint condition and
ok as a daily driver. The seller said the
earliest i could pick the car up is 26th
September as he needs it for work until then.
I asked if there were any problems with the
car which he said there was two. One with the
rev counter and the temp gauge. On Friday
September 10th the seller text me saying:
'when you come, i would recommend bringing a
jerry can to fill with fuel just incase. The
car doesnt like running sometimes with 1/4 of
a tank'. I said: 'why doesnt it like running
if it only has 1/4 of tank?'. He said:'Well
it does, but when you boot it for a long
period of time say down the motorway, the
pump wont keep up with the carbs. Its not
designed for that'. I am due a refund of my
deposit because the car was missold. No
problems and everyday runner were clearly
mentioned in the advert, this car is neither
an everyday driver nor without problems.
I still want the car but only if its fixed.
Ive text him twice with regards to the claim and he hasnt responded. I have let him know i don't wish to start a legal battle but i have no other choice.
I have given him two chances to respond and i now have his address.
I have given him two chances to respond and i now have his address.
That could make things a lot worst. I'd rather go down the route of the Money Claim Online and he will receive a letter. Put his views and points accross and it will go from there. Is that short summary okay for a description of the events that have taken place?
eh? I thought you were taking him to court to recover your deposit.
I doubt you're able to get a CCJ forcing him to make a modification to a car you want to buy.
Also you might want to remove this "I am due a refund of my
deposit because the car was missold. " - The court decides whether you're due a refund and the car hasn't been sold yet.
IMO simply state that you've asked for your deposit back as a result of this new information as you no longer wish to purchase the car under those circumstances and the seller has refused to reimburse you.
How does this sound:
I agreed to buy a car from Jon Hunt for £2400 and paid a deposit of £400. The advert described the car as being mint condition and ok as a daily driver. The seller said the earliest i could pick the car up is 26th September as he needs it for work until then. I asked if there were any problems with the car which he said there was two. One with the rev counter and the temp gauge. On Friday September 10th the seller text me saying: 'when you come, i would recommend bringing a jerry can to fill with fuel just incase. The car doesnt like running sometimes with 1/4 of a tank'. I said: 'why doesnt it like running if it only has 1/4 of tank?'. He said:'Well it does, but when you boot it for a long period of time say down the motorway, the pump wont keep up with the carbs. Its not designed for that'. No problems and everyday runner were clearly mentioned in the advert, this car is neither an everyday driver nor without problems. I have asked for my deposit back as a result of this new information as i no longer wish to purchase the car under those circumstances and the seller has refused to reimburse me.
You are lucky you found this out at all, if you had bought it without him saying anything about it you wouldn't have a leg to stand on. Sold as seen and all.
But seeing as the circumstances have changed, and you haven't bought it yet I'd say you have a reasonable chance of getting your deposit back.
But seeing as the circumstances have changed, and you haven't bought it yet I'd say you have a reasonable chance of getting your deposit back.
As you may have seen you can do a small claims online and it can be all sorted in a matter of weeks.
This reads a bit better and can be improved upon. They don't need to know all of your correspondence, just a summary of why you are going to the SCC. Keep it simple.
"I agreed to buy a car from Jon Hunt for £2400 and paid a deposit of £400 [Insert date]. The advert described the car as being mint condition. On Friday September 10th before I was due to pick up the car the seller contacted me and said: 'when you come, I would recommend bringing a jerry can to fill with fuel just incase. The car doesnt like running sometimes with 1/4 of a tank'. Upon further probing Jon claimed ‘.....the pump wont keep up with the carbs. Its not designed for that'. This problem was not mentioned at time of sale and the car was described as an ‘everyday runner’ and ‘mint condition’ in the advert.
In light of this new information I backed out of the sale and requested my deposit back as it was not mentioned at time of sale even though I asked about such issues. I specifically asked Jon if there were any problems with the car and we discussed the only two problems he claimed the car had (rev counter and fuel gauge).
I have asked for my deposit back as a result of this new information as I no longer wish to purchase the car under those circumstances and the seller has refused to reimburse me the deposit“
This reads a bit better and can be improved upon. They don't need to know all of your correspondence, just a summary of why you are going to the SCC. Keep it simple.
"I agreed to buy a car from Jon Hunt for £2400 and paid a deposit of £400 [Insert date]. The advert described the car as being mint condition. On Friday September 10th before I was due to pick up the car the seller contacted me and said: 'when you come, I would recommend bringing a jerry can to fill with fuel just incase. The car doesnt like running sometimes with 1/4 of a tank'. Upon further probing Jon claimed ‘.....the pump wont keep up with the carbs. Its not designed for that'. This problem was not mentioned at time of sale and the car was described as an ‘everyday runner’ and ‘mint condition’ in the advert.
In light of this new information I backed out of the sale and requested my deposit back as it was not mentioned at time of sale even though I asked about such issues. I specifically asked Jon if there were any problems with the car and we discussed the only two problems he claimed the car had (rev counter and fuel gauge).
I have asked for my deposit back as a result of this new information as I no longer wish to purchase the car under those circumstances and the seller has refused to reimburse me the deposit“