Done it again - another faulty vehicle !

[des8]

I would keep it simpler:

Dear Sir.
RE: Purchase Chrysler Grand Voyager 2.8 CRD Reg XXXX XXX
LETTER BEFORE COURT ACTION
I note you have failed to respond to my letters of 26 September 2018 and 11 October 2018 requesting you repair various faults which have become evident on the vehicle since purchase.on 28th May 2018.

The vehicle is unsatisfactory, and is deemed so at time of purchase.

Following my requests, you have failed to repair the vehicle within a reasonable time and without significant inconvenience to myself.
I am therefor exercising my statutory final right under the Consumer Rights Act 2015 to reject the vehicle and claim a full refund of all monies paid..

If I do not receive a satisfactory response from you within 7 days of receipt of this letter, I intend to issue proceedings against you in the county court without further notice,
Any such claim will include an amount for damages.
However I would hope this matter can be resolved amicably and without the need for court action.
yrs etc

[fandabby]

Thanks Des.

I will post that off Monday I think since he rejected the signed for and I resent a copy he would have got that on the Saturday and in keeping with the 2 week reasonable time will hold off til then.

To clarify, assuming this proceeds to court, what damages can I include? Am frustrated that we have spent money on it too.

Sale advert was £5,000
We discussed with trader that since it had no recent service, last shown at 90k and car was on 130k, or history of timing belt change we want him to reduce the amount asked so in essence he pays towards having the car serviced and time belt change. He agreed so we paid £4,450.

We have done the following:

Oil filter and oil
Air filter
Cabin filter
Transmission filter and oil
Fuel filter
Timing Belt
Water Pump + coolant
Idler Pulley
Drive Belt
TPMS sensor (this did not resolve TPMS fault)
Driver Side Wing Mirror Indicator (on car was broken)
Rear wiper arm and blade (on car was broken)
2 x remote controls (ones in car did not work)
4 x headphones (ones in car did not work)

May have a cost from the garage it is sitting for their diagnostic and idk do they charge for keeping vehicle there ?


Car is still taxed and insuranced



Since our discussion went around he pays towards the servicing hence reduced sale price, can my claim be £4,450 plus damages which would be all money spent on vehicle to-date ?

Another question, since we are car-less have to hand back car we borrowed this week for school runs. I will have an expense of putting the Astra back on the road which if having the Chrysler we probably would not do. Am I allowed to claim getting that on road too?

If I don't get Astra on road will have to hire a car and kids are already missing their paid for swimming lessons because I can't get them there.


Just wandering what thoughts are on all of this please. OH ain't happy that we could be out of pocket again.


Many thanks

[ostell]

If you get a cheapo carone with a current MOT, that you can use for a short while then sell again when resolved you can perhaps claim that cost back from him.

[fandabby]

ostell thanks, so would that work by paying to put our Astra on road which is sitting out the back ?

Or does it need to be seen as a new purchase to get me on the road ?

Thanks

[ostell]

I think it would be embarrassing if it was a car you already owned as you would still have use of it after the repairs.

[des8]

Knowing the car was missing a service you negotiated a £550 reduction in price, I doubt you could include your initial costs in your claim.
You can claim for all your direct costs arising from the breach of contract.
These costs will include any charges the garage make, and should IMO include the cost of hire.
However we have recently come across a case where the judge refused to allow care hire costs, so that might be a bit of a lottery.
As Ostell says repair costs of your own vehicle won't be included, and although you could (if you have the money) buy a cheapo and sell it later and claim any losses you always have the risk of a cheapo failing. I think it is an over complicated way of going if you can put the Astra back on the road.
You also have to mitigate your losses, and paying to put your car back on the road shows you are doing that.

[fandabby]

Thanks for replies ostell and des8, yes I was thinking same but thought I'd put it out there.

Shall I SORN the vehicle for now, still currently paying tax and insurance. ?

[des8]

no reason why not, as long as the garage where it is currently kept don't put it on the road..
Also would only change insurance to laid up status because if it was damaged in any way you might be held liable.
Advise insurers of the situation.and keep fire/theft cover etc.

[fandabby]

I will inform the garage I will SORN it (it's a country garage with lots of land so space shouldn't be an issue for them whilst I wait for resolution)
That'll save us then £47.25 a month.

[ostell]

Change insurance status to laid up just in case, but add it to the claim then SORN it.

[fandabby]

I telephoned insurance and explained situation and asked they mark vehicle as laid up. They said they'll note on policy however my options would be to now keep insurance running or cancel it. No laid up option. So insurance will keep running and they said they will call me in 30 days to ask for progress update.

What can i add to the claim, the cost of the insurance to-date?

Thanks

[des8]

It will be difficult to quantify your insurance costs.
Whilst you were using the car you needed insurance (at least RTA cover)
Now it is off road insurance is not required by law, but as the car is still in your possession you .
would be wise to retain insurance cover against risks of fire , theft etc., at least until rejection is accepted or ordered by the court.
However you don't need to keep this cover, it is your choice and I think you would have difficulty including it in a claim'.

[fandabby]

Hi all

In anticipation of not likely to hear from trader was just reading through all three letters and i haven't offered ADR/mediation to resolve this with the trader. Should I be offering this before proceeding with court so show that I have been reasonable and willing for alternative method before court action is taken. Trying to play this by the rules so Judge can't tell me off for not following protocol.

I have also emailed garage for cost todate for their preliminary diagnosis of that no compression in cylinder 1 and asked if there's a problem and or cost with keeping car there until this is sorted out,.

[des8]

Did you not say you would hope to resolve the matter without going to court?
That would imply a readiness to accept ADR and satisfy Practice Direction CPR 3 where it states:
c) try to settle the issues without proceedings;
(d) consider a form of Alternative Dispute Resolution (ADR) to assist with settlement;

If he isn't responding anyway, what are you supposed to do!

[fandabby]

Thanks for responding, was thinking i needed to be more direct but you're right the suggestion of try to resolve amicably and without the need for court should show that is reasonable and open for negotiations.

As for trader non communication and refusing letter says it all.

That letter was posted last Monday and said ... within 7 days ... so I guess I wait until Thur/Fri before doing anything.

I need to wait on garage anyway to see what that fee is to include it in claim.