Issues with Newly Bought Used Car - Trader not bothered

[des8]

Particulars of Claim are where you explain what you are claiming, the amount and why.
If this is your first claim through MCOL you might like to read this link:https://www.moneyclaimsuk.co.uk/PDFF...user-guide.pdf

[hotmale]

So basically particulats are summary of my case for court.

can u please confirm

- do I need a precourt letter with revised amount including legal fees? Or should I start the mcol straight away?


thanks

[des8]

No need to write yet again.

[hotmale]

ok I am all set to lodge online claim -

here is what Ive created as particulars -
Please have a look and make changes accordingly -

The claimant has credit card account **** with Defendant and have used this account to purchase Car from **** as a consumer-business transaction regulated by the Consumer Rights Act 2015 (CRA 2015). The Consumer Credit Act 1974 (CCA 1974) Section 9 of CRA 2015 requires goods to be of satisfactory quality. I do not consider the vehicle I purchased to be of satisfactory quality as it suffers from excessive loss of coolant and a loss of power in high gears. There are problems with headgasket and possible engine damage. These problems were confirmed by local garage

I note CRA 2015 allows one attempt at repair if the vehicle is rejected, but this has to be done at no cost to claimant(CRA 2015 Sec 23 (2) b) and with as little inconvenience as possible (CRA 2015 Sec 23 (2)a ) however bank has refused to look into this option as banks main focus is to prove this issue was there at point of sale.

[des8]

Busy at the mo'
Will draft something up later

[hotmale]

Thanks have a look at this patagraph from the last letter ive received from bank

[hotmale]

Hi des8 can you please advise ne if you can provide particulars today?

[des8]

Later today

[des8]

At last!
Sorry for delay, but had other things to do as well.
Remember this is your claim, so check and double check everything to make sure it is correct and you understand
Suggested PoC; santander claim.odt

If you haven't been through the system before you will probably find it stressful.
You might find this guide useful: https://www.judiciary.gov.uk/wp-cont...+web+FINAL.pdf
You still have the option of Ombudsman, and court after that if you disagree with their findings.
I personally am not a fan, but others swear by it.

[hotmale]

Hi des8 i am not able to open .odt link its like a unread le page

[ostell]

You need Open Office https://www.openoffice.org/download/

[hotmale]

Couple o questions:

car was rejected dd/mm/yy -- which date is this is this the date when I first discussed issue with garage or is this the date when I send first written letter to sant to sort the car out with sec-75 claim.

insert here any costs you have incurred in sorting out the problem -- can I add my own admin costs here as I've to spend hours to sort this out, been to garage few time as well? or is it something else?


thanks for all your help

[des8]

Date car was rejected was the first time it was made clear to the trader that you were rejecting the goods and treating the contract as at an end.
It may have been something you said or did but it must have been clear enough to be understood by the trader.

You can't claim for your time etc, but travel expenses, cost of reports, hire of replacement car if that was necessary (will depend on your situation) or even a claim for loss of use if vehicle was off road for a time. You might not be awarded these costs if you win, but if you don't claim you certainly won't.

[hotmale]

Hi des8 sorry ii was off sick this week and will claim on monday wating for sone funds to clear, i have read all the court cain links youve sent and it says about hearing cost if around £300 in top of mcol fees? Do Ive to pay that aswell ?

[des8]

Hearing costs have to be paid, but are met by defendant when you win.
If you are on low income you might be eligible for fee remission https://www.gov.uk/government/public...-tribunal-fees