Car Dealer - repair refused at the outset.

[Apollo14LMP]

Hi Im sorry im a bit vague on here - I don't know who is reading it. I am really unwell and my wife has just received news of serious illness. So Im left struggling with this and clearly I am not a Solicitor. I have written particulars of claim and its been forwarded to defendant. I m trying to work out were I will stand and the pitfalls and you are my only helping hand.

I bought the car 3/11/18 - it was faulty and I thought (hoped) would be a quick and easy fix.

Essentially when I found via a diagnostic report deep examination that the car was fatally flawed I contacted the dealer 10/12/18

On that date and time they point blank refused to fix / look at the car refused. Exact words were, were not shelling out on that car. etc etc.
They emailed me a PDI and 30 day warranty I signed (hoping to fob me off).
I immediately sent a Breach of contract notice via email 10/12/18 - I also mailed signed for copies to their head office.
This breach notice email 10/12/18 stated that I was rejecting the car CLEARLY stating they had refused to fix the car. They said nothing

I never rang them since that day … they use these LS4U "lawyers" to contact me lol

On 22/12/18 - I get an email late in day - bring car back will "look" at it did not say -we `ll "fix it"t - all the time mentioning "wear and tear" (Don't believe they would accept liability) lost faith in them TBH.

Wrote back told them vehicle was SORN undriveable 22/12/18 they said they would get back to me - They said recovery people etc off for xmas.
They don't employ any recovery staff and only have a guy who does brake changes small stuff like that anyway theyre liars.

Heard nothing till they got that Legalsolutions4u.co.uk to represent them. I immediately issued pre action protocol letter to LS4U and the dealers registered address .. 3/1/2019 - issued court claim 1/2/2019

Pre action letter stated I was rejecting car as they had refused to repair it .. etc etc …

They have stated - I made unfounded allegation s about their client and I had not proved the car was faulty.

I hope that is more clear than previous - tis is getting a bit nasty so im a bit shy what I post.

At a difficult time Im trying to gauge were I truly stand. Statement is ok im just a bit quick and vague here .. I simply put the truth in it all.

12 days to offer to look at the car after they refused to fix it seems excessive to me though ..

Thank you as always ...

[Apollo14LMP]

Breach of Contract Notice via email 10/12/18 and by signed for mail a day later ..

I purchased the Vauxhall Astra from xxxxxxxxxxxx trading xxxxxxxxxxxxx , at the point of purchase I paid £1700.00.

The Vauxhall xxx is unfit for purpose. I have had the vehicle examined by a Diagnostic Expert. I have the full report of xxxxxxxxxxxxxxxxxxxxxxxx (an ATA Accredited Diagnostic Specialist available). His report concludes that the above vehicle has significant compression issues on cylinder 3 – requiring significant mechanical intervention. The specialist concluded that this fault must have been present at the time of purchase due to the condition of the engine upon examination.

The Consumer Rights Act 2015 makes it an implied term of the contract I have with xxxxxxxxxxxxxx that goods be as described, fit for purpose and of satisfactory quality. I am therefore rejecting the car and ask that a refund and collection of the vehicle is made within 14 days. You have already stated your refusal to repair the car (phone call 10.12.2018 – 16.27 hrs).


As you are in breach of contract and and I've owned the product for less than 6 years and a previous request for repair or replacement has been refused. I am within my statutory rights to ask for a refund of up to 100% of the original cost paid.

I await confirmation that you will provide the remedy set out above within 14 days of the date of this letter.

[Apollo14LMP]

Pre action Letter 3/1/2019

Reference: xxxxxxVauxhall xxxxx– Unfit for purpose and unsatisfactory quality.


As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.

I purchased a Vauxhall xxxx xxxx from xxxxxxx trading as xxxxxxxxxxxxxx, at the point of purchase I paid £1700.00.


The Vauxhall xxxx is unfit for purpose, and has been faulty since purchase I have had the vehicle examined by a Diagnostic Expert. I have the full report of xxxxxxxxxx (an ATA Accredited Diagnostic Specialist available). His report concludes that the above vehicle has significant compression issues on cylinder 3 – requiring mechanical intervention and other mechanical issues, the car is undriveable. I have contacted the dealer who was unhelpful and then supplied Breach Of Contract notices which were replied to days before Christmas by email. The car cannot be driven from A to B, and is not of a satisfactory quality or fit for purpose. I have driven c.1000 miles in it and cannot drive it at all now.

From you I am claiming a refund of £1700.00 for the car plus consequential losses of £ xxxx a total of £xxxxx.

I have calculated this sum by adding cost of car and diagnostic, and parts.

Dispute Listed below are the documents on which I intend to rely in my claim against you:

Various diagnostic reports, witness statements, photographs.

In accordance with the Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents:

Copies of documents you hold regarding the sale of the car.

I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.

In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.

I look forward to hearing from you within the next 14 days.

Should I not receive a response to my letter within this time frame then I anticipate that court action will be commenced with no further reference to you.

[des8]

Thank you for the clarification.
I was just concerned you may have tripped up, but all seems well.
Just need to wait for court directions.

Sorry to hear you are both unwell, and I hope your wife makes a speedy recovery

[Apollo14LMP]

We thank you for your good wishes and your help and patience which is greatly appreciated at a difficult time.

[Apollo14LMP]

Just had this message …. any comment would be appreciated …- BTW I never said they were not entitle to look at the car ever that is another lie.

We confirm receipt of your email of the 12 February 2019 and we respond as follows.

We understand from your email that you allege that on the 10 December 2018 you contacted our Client to advise them of the issues which had occurred with the Vehicle. You continue to allege that during the telephone conversation our Client advised that he was not willing to rectify any issues with the Vehicle. We note that your allegations are wholly unfounded and we put you to strict proof of the same.

In your email you state that you believe that our Client is not entitled to inspect nor repair the Vehicle due to the CRA stating that dealer should only be awarded one opportunity to inspect/repair the Vehicle. For the avoidance of doubt the Vehicle has never been returned to our Client, thus far they have never been afforded their statutory right to inspect the Vehicle in accordance with s23 CRA 2015.

We understand that you believe that you are entitled to reject the Vehicle due to the Vehicle being of an unsatisfactory quality and not fit for purpose. You continue to allege that you have already spent in or around £200 on instructing an independent third party garage to complete repairs to the Vehicles coil and plugs. We can advise that you have failed to provide any sufficient evidence to support your allegations. In relation to the repairs of which you have unilaterally instructed, we have previously advised you that there is no provision under the CRA 2015 which allows a consumer to unilaterally instruct an independent third party garage to complete repairs to a Vehicle without the traders express authorisation. We are therefore at a loss as to why you instructed the repairs to the Vehicle without our Clients authorisation.

Our position as per our previous email of the 07 February 2019 remains unchanged in that, in order for a consumer to exercise to exercise their s24(5) final right to reject, the consumer must have satisfied the provisions of s23 CRA 2015 of which to date you have failed to comply with, thus you have no grounds to reject the Vehicle at this stage. We therefore request for the Vehicle to be returned to our Clients premises without any further undue delay as our Client is exercising their statutory right to inspect the Vehicle and as you have owned the Vehicle for more than 30 days the burden is upon you to return the Vehicle to our Clients premises in order for an inspection to be completed.

For the avoidance of doubt at the point of sale you signed a customer certificate confirming that under any circumstances you would be willing to return the Vehicle to our Client at your own cost. However, despite being under no obligation to do so, as a gesture of good will our Client is willing to contribute 50% of the bill to have the Vehicle transported back to the dealership subject to you providing the invoice for the transport. We have attached a copy of the customer certificate signed by yourself, of which confirms that you would be willing to return the Vehicle under any circumstances.

These people are so annoying … any advice is appreciated I have no contract with them don't know how they got may email address ….

Have not had anything back from court … but not happy to say too much to these "people" … don't know how these people sleep.

Hope their cars break down lol ….

[des8]

When did you send the claim form to CCMCC.
Allow 5 days for delivery
a further 7 days for it to be issued and two more weeks for defendant to respond.

If you have heard nothing I think you should start making enquiries

Ignore that email for the mo'.... see what has happened to your claim.

(being nosey ... why CCMCC and not on line through MCOL?)

[Apollo14LMP]

Hi The claim was issued free through CCMCC as I m off ill its free no facility for free for online claim. Various checks will be done I guess ?
claim received 1/2/2019 issued 7/2/2019 then says deemed served by 12/2/2019
goes onto say they have till 26/2/2019 to reply
never sent to legal4u sent to dealers registered address a firm of accountants

[des8]

So they are hoping to bully you into discontinuing before they issue a defence

[Apollo14LMP]

I dont know probably hoping to get something from me denying content of fone call .... stating i refused to let them look at car ... reported to trading standards .... i rejected car still not collected it ... still blabbering away ...

[Apollo14LMP]

Can anyone comment on the dealer passing my email address to LS4U ? I didnt give permission

Very nasty people would it be worthwhile refusing to deal with them ? Why do dealers use bottom feeders like them ...

no postal reply re claim issue ... im sure i will hear befire tuesday ! Defence if it arrives takes 4 days to post out was nowt there yesterday as i rang them

ls4u not mentioned it .... can anyone comment on the last email advice ?

really dont need this nonsense ...

[des8]

Hold fire on replying to their email
You only received it two days ago and their defence is due in four days.
They took eight days to respond to your last email.
Don't be in too much of a rush.. wait to see what their defence is.

[Apollo14LMP]

I just been going thru my file ...
the company who sold the car to me promise you FREE AA breakdown recovery cover with EVERY car sold ...
now i photsnapped the page before I mentioned to them their AA cover promise
they now changed their website to say term n conditions apply lol tbis was a while ago ... decem er ...
should i report this as false advertising ir use it to support my case ... that is if they did what fhey promise .... i could have sent car back via AA ?
I do have the copies in my file ....

[des8]

I think AA National Recovery only takes you & car to your destination/garage of choice if you breakdown on the road. If you are at home they don't take you to a garage.
Mind you I haven't read the fine detail so could be wrong!

Their advertising of it might have amounted to misrepresentation if you were never able to receive the benefit, but I assume you never tried to use it so don't know.
T&Cs have now changed, but was that retrospectively? One can't tell.

[Apollo14LMP]

They changed the website after i complained they did not give me the aa cover but i did photosnap the page before they changed it and afterwards ....