Problem with second hand vehicle bought from a dealer. Advice needed.

[samy]

Dear Sir/Madam

Re: Chrysler Grand Voyager 2.8 CRD Reg no: ********* purchased on 14.04.2018
Delivery date: 21.04.2018
LETTER BEFORE COURT CLAIM

You are aware of the problems I have had with this vehicle.
To reiterate on 02/05/2018 a problem became obvious within the gearbox, and in spite of four attempts to repair the same problem occurred on 04/10/2018.
Therefore, exercising my rights as bestowed by the Consumer Rights Act 2015, I reject the vehicle as it is unsatisfactory, as you were advised on 05/10/2018.
You have disputed my right to reject, but it is unacceptable you do not recognise my statutory rights.
Accordingly I require the following payment from you within seven days of delivery of this letter:
£8495.00 purchase price
£872.67 cost for alternative transport (should I cut this off?was also transport from and to the dealer ship when I could not get anyone to get me a lift)
£514.42 wasted holiday cost due to car breakdown.
£117.90 Breakdown Recovery cost

Total: £9,999.99

If you fail to respond within seven days I shall initiate court proceedings without further notice.

Yours faithfully,

Obviously now i need to change the sums? I do not understand why "To reiterate on 07/08/2018 a problem became obvious within the gearbox, and in spite of three attempts to repair the same problem occurred on 04/10/2018" as first was on 05.05.2018....

[ostell]

If the court claim is above £10,000 then it is no longer in the small claims track in the courts and so could leave you liable for costs if the court find against you.

[samy]

Congrats ostell for...

• Posts: 4000

is not a chance to slips out of small claims if for example the holiday loss that ads up from the bank statements ?

i am pretty sure the dealer will not fall back considering the communication so far so this is going to be the actual 3rd letter ignoring the e-mails.

[ostell]

It is only the amount that you claim. You specify what you are claiming. you are trying to point out to the seller that he stands to lose a lot more if he does not willingly accept the rejection and it is forced upon him at court.

[des8]

I do not understand why "To reiterate on 07/08/2018 a problem became obvious within the gearbox, and in spite of three attempts to repair the same problem occurred on 04/10/2018" as first was on 05.05.2018....

Because you are rejecting the vehicle more than 30 days after delivery, the dealer has the right to attempt one repair.
You are drawing attention to the fact you have been moire than generous in allowing 3 attempts.
You should remember that all correspondence could be read by judge if this reaches court, and so you start lining up now

Sorry. but scrub the above.
I have just gone back and tried rereading your first post.
Change that date to 03.05 as you have done and amend the letter to read:
"Therefore, exercising my short term right to reject as bestowed by the Consumer.

As it broke down in the first thirty days and was not ever brought back to a satisfactory condition you retain that right, which is important as it entitles you to a full refund without deduction for usage

[samy]

.......
I have just gone back and tried rereading your first post.
Change that date to 03.05 as you have done and amend the letter to read:
"Therefore, exercising my short term right to reject as bestowed by the Consumer.

As it broke down in the first thirty days and was not ever brought back to a satisfactory condition you retain that right, which is important as it entitles you to a full refund without deduction for usage

re draft... better?

You are aware of the problems I have had with this vehicle.
To reiterate on 02/05/2018 a problem became obvious within the gearbox, and in spite of four attempts to repair, the same problem occurred on 04/10/2018 and was never brought back to satisfactory condition.
Therefore, exercising my short right to reject as bestowed by the Consumer Rights Act 2015, I reject the vehicle as it is unsatisfactory, as you were advised on 05/10/2018.
You have disputed my right to reject, but it is unacceptable you do not recognise my statutory rights.
Accordingly I require the following payment from you within seven days of delivery of this letter:
£8495.00 purchase price
£767.51 cost for alternative transport
£608.07 wasted holiday cost due to car breakdown
£117.90 Breakdown recovery cost

Total: £9,988.48

If you fail to respond within seven days I shall initiate court proceedings without further notice.


Obviously the forum cannot hold the same page format, also re calculated figures to match the exact as on statements and receipts.

[des8]

re draft... better?

You are aware of the problems I have had with this vehicle.
To reiterate on 02/05/2018 a problem became obvious within the gearbox, and in spite of four attempts to repair, the same problem occurred on 04/10/2018 and was never brought back to satisfactory condition.
Therefore, exercising my short term right to reject as bestowed by the Consumer Rights Act 2015, I reject the vehicle as it is unsatisfactory, as you were advised on 05/10/2018.
You have disputed my right to reject, but it is unacceptable you do not recognise my statutory rights.
Accordingly I require the following payment from you within seven days of delivery of this letter:
£8495.00 purchase price
£767.51 cost for alternative transport
£608.07 wasted holiday cost due to car breakdown
£117.90 Breakdown recovery cost


Total: £9,988.48

If you fail to respond within seven days I shall initiate court proceedings without further notice.


Obviously the forum cannot hold the same page format, also re calculated figures to match the exact as on statements and receipts.

One minor addition in red

[samy]

One minor addition in red

Thank you, to be considered done, should i carry on sticking with seven days term or 14? Otherwise i think ready to post?

[des8]

Depends on how much of a hurry you are in!

[samy]

To be fair is more about legal and correct, not to hunt me back later... the v5c is still with me, but the car with them and i have notified them is sorned (2nd letter).