Used Car bought - No DPF? What to do?

[Jspeno_99]

Hello,

Lawdata sent the letter (below) to my home address today.

The 14 days from the initial letter i sent is up on this Thursday, 24th May 18 - i stated in my letter that I will take it to a small claims court

I am unsatisfied with thier response for several reasons.

1. They want me to take a vehicle to them from my barracks (129 miles away) and the vehicle is currently not fit to drive that distance.

2. They are complaining of me driving 3500 miles - i had to pay for the car to be force regenerated 4 times in this period, these trips were to take my pregnant wife to a specialist in Manchester.

3. They sold the car that was not road worthy?

4. They want me to return the car for them to work on - i frankly dont trust them?

5. They will supply a DPF (non genuine) but dont state the labour will be covered?

What should i do?

I am pulling my hair out with the due date fastly approaching and the vehicle being almost unusable

Any help appreciated

Jamie

[Jspeno_99]

des8 ,

apologies, just seen your reply

[Jspeno_99]

Oh, and i am not willing to pay for it to be delivered back to them at a cost

[ostell]

There is a section in the CRA that says it is up to them to fix at their cost. They need to arrange pickup.

[Jspeno_99]

ostell

Thank you for the reply

do you think that is the best option?
to get them to pick it up and fix it?

I would like a full refund but i read that they can charge 40p per mile - this would add up to them knocking £1400 off the £5100 I paid!

also i am out of pocket regarding the other work on the car, the letter does not accept this

is it worth filing the claim at the small claims court Thursday as i initially said or to contact them again with an updated request (them to pick up the car, fix the DPF and to reimburse what i have spent)

thank you

jamie

[des8]

Just checked back over the thread.
I think that at the moment, the way it stands, if you went to court you would probably only get directions to have the car repaired.
I would suggest therefore you repeat your earlier letter that R0b suggested (I haven't actually read it as this machine won't open WORD documents!).
You should be requesting the vehicle is brought to satisfactory condition at their cost plus reimbursement of all your costs.
You could also point out they mis described the vehicle (contrary to CRA 2015) where they said car had good tyres, and also refer them to the law as post 5
Failure to agree and you will initiate court action

[Jspeno_99]

des8

thank you very much for the reply

i will follow the advice in this thread

Should i reply to the garage only as its lawdata that have been dealing with it

and do i have to give them 14 days to respond?

thanks

jamie

[des8]

So as not to appear uncooperative write to dealer and copy in Lawdata.
Ten working days/14 days is a reasonable time for them to consult and respond.
Any shorter might be considered unreasonable.

[Jspeno_99]

Thank you mate

[Jspeno_99]

Hello,

They replied again,

I have attached what they said.

I am sick to death it/them now

Should I just claim through the small claims court as they are saying they will send me a DPF in the post for me to pay to be fitted?

they sold it faulty!

PSA

jamie

[Jspeno_99]

Apologies, here is the letter sent by lawdata earlier this week as well

[Jspeno_99]

des8
ostell

court action asking for a genuine DPF and costs?

[ostell]

But CRA 23 (2) says that the trader must bear the cost of any repairs. Lawdata seem a bit of a cowboy.

They are offering, however, to supply a DPF and pay for another repairer to fit. Would this make you happy?

[Jspeno_99]

Another repaired to fit at my expense?
and i dont trust the garage to post a decent DPF!

[ostell]

If the garage had fitted an aftermarket DPF before you bought the car would you have noticed? I read the letter that they would be paying for the install at another garage.

OK the english is not concise but the subject of the sentence is their client and it goes on to say at their cost. Perhaps an email or letter to clarify exactly what they meant.