small claims court. lost £1000 deposit - VTiredeyes
got a really nice phoncall 2day from Audi
where would you like your £1000 cheque sent.
i couldnt believe my ears, so i told them to bring it round to the house hand delivered before weds night 5pm, as i would be posting the witness statements and other assoisiated documents and a copy of the unfair terms 1999, to them and to the court manager, after this time. the docs needed to be in before 28th May.
he said ok not a problem.

I did go and see a solictor around 2 weeks ago, who said my case was 90% favourable, as it was a direct violation of the unfair terms 1999
www.hmso.gov.uk/si/si1999/19992083.htm
he gave me half an hour free, and found the above document for me, and also wrote an A4 sheet explaining these terms to the court.

Can i please thank all those that helped me in this matter, and i would buy all of you a nice cold beer.
and those that said to wait before the date they will send me a cheque=you were right !

if any mod can post a link to my other loooong thread, i would be most grateful, as this might help others, for the same kind of thing, by using the search button on this website.
think it was lost £1000 deposit.

again cheers you guys ;·)
small claims court. lost £1000 deposit - Dynamic Dave
if any mod can post a link to my other loooong
thread....


This one perhaps:-

www.honestjohn.co.uk/forum/post/index.htm?t=21014

I'll link this current thread with the original thread at some point.

DD.
small claims court. lost £1000 deposit - borasport20
A result !

good on yer', and thanks for letting us know


small claims court. lost £1000 deposit - Armitage Shanks{P}
A 'Result'! Well done - I am very pleased for you and you didn't even have to go to court, the threat and the rightness of your position, won the day.
small claims court. lost £1000 deposit - DavidHM
Congratulations. (Not sure why you would need to submit a copy of the law to a court, but obviously well done - if you got the facts down straight, you had a very strong case but it's still good when the other side recognises that.)
small claims court. lost £1000 deposit - Nortones2
Well done. its always good to see Goliath bested. BTW, was it actually Audi, as implied, or the dealership that saw sense?
small claims court. lost £1000 deposit - Pugugly {P}
Congrats. See it does pay to go to a brief - they're not all blood sucking leeches and can actually be useful for free...
small claims court. lost £1000 deposit - PhilW
PU,
Very tongue in cheek (I may well need your help one day!!!), but there is a saying that starts "It's the exception........."
small claims court. lost £1000 deposit - Thommo
Congratulations and chalk one up for the little guy.

As I said in my post, I have gone through this process twice and my opponents huffed and puffed and threatened to bankrupt me with legal costs/take it to the House of Lords/send the boys round, but in the end I had a case they knew it and I knew it and they paid up the day before the case was to be heard.

They do it this way because it frightens a lot of people off but evidently fear is not a factor for you!

Well done.
small claims court. lost £1000 deposit - Canon Fodder
Well Done VTE - VeryGoodNews.

When they phoned up did you consider telling them to put and extra £100 on top for your trouble - just to rub their noses in it?

CF
small claims court. lost £1000 deposit - VTiredeyes
CF
no, not at all, i am not like that. they didnt even want to pay the £80 for me having to take them to the small claims court. but i suggested we go half way and they give me £1040. they agreed to this. the first conversation went something like this.
we would like to settle out of court, can you name a sensible price. i said £1080. but (they said) you only wanted £800 back then, isaid that was 3 months ago, i want the full lot. told them to get back to me before 5pm 24/05 as i would put papers in post. they rang at 4.00 and said yes to £1000, but then we discussed the extra £80. and yes it was a very large dealership in west midlands. i dont know wether or not Audi UK put any pressure on them, as i had sent all the details to customer services, who i might add, were very Friendly, and asked for all documents, i zipped them up and emailed. but yes i think my half hour with lawyer was really 100% helpful, i was even starting to doubt myself. but he restored my faith. i think if people have this problem, with a small company and threaten to send boys round, then yes i might have thought twice, as i have a family with 2 kids. i would have worried about their safty. but my conversations with Audi were never like that. But had no letter of apology. which i would like, might ring customer services, i have someones name there. obviously if they are paying up, they know they are in the wrong.
anyways, i am over the moon, and will having an extra special 2 week hols in Javea this year. :·)
thx 4 posting the link.
small claims court. lost £1000 deposit - joe
Well done tiredeyes. Frankly, any other result would have been a big surprise.
small claims court. lost £1000 deposit - Vin {P}
VTeyes, I'd be tempted to forget the letter of apology. It's just a tiny little bit of aggro you might want to do without. Your choice, but you do have the money, so you effectively have an apology.

V
small claims court. lost £1000 deposit - P 2501
Well done VTE glad you were gutsy enough to see it through.As said above you were always in the right and you knew it, which really bolsters your confidence in these situations.
small claims court. lost £1000 deposit - Quinny100
Wait for the cheque to clear, then send all the details to the local press. You've got your money back, but were it me I'd want to get my own back on top of that.
small claims court. lost £1000 deposit - smokie
Yeah, take Audi for every penny they have.



Alternatively, move on....




My vote is for the latter.

Seeing as it was a fair result...

small claims court. lost £1000 deposit - VTiredeyes
i am glad i have a result, and yes best way is to move on

but..
what happens the next time someone has that happen to them, will they have the guts to take them to small claims, i am in no way brash or really confident, but if someone dosent have the guts to do it? they will lose out.
i think Audi Customer services should look into this.
and amend the terms and conditions on the back of their contract. As it still Directly violates the unfairs terms 1999.
shedule2 (D) put in laymans terms. the seller cannot change the terms of the contract without the buyer's full permission. if the seller does this, then the buyer can pull out, and they are both back to square one, ie: the buyer gets deposit back.

If a massive corperation like Audi can do this, what stops they turning round and saying the part excahnge is now worth £5. but you have signed contract so you still owe us £27K for that audi cabriolet. and if you dont pay us, we can sue you.
that is basically what the contract says.

madness!

Wonder if i should ask HJ to do an article about this in Sunday Telegraph?
small claims court. lost £1000 deposit - DavidHM
Agreed, VTE. Not sure that HJ is really a crusading type of journalist but that's a matter for him.

As for the contract violating UCTA or the Unfair Terms in Consumer Contacts Regs - it may or may not be a marque-wide policy. It could simply be a standard contract of this dealer group. Generally lawyers don't like drafting unenforceable provisions, because you can then be left with nothing more than an agreement to agree, which under English law can be walked away from at any time.

Of course, if the unfair provision is likely to intimidate more people into complying than cutting and running, then it's done its job.

As far as there being nothing stopping them from turning around and saying "We're only giving you a fiver for your p/x" - well if the contract is drafted widely, or badly enough (depending on your point of view) then you're right, except that's what courts have been interpreting against, by and large, for the last 150 years and UCTA and the Consumer Contracts Regs have been stopping for the last 25 or so.