Car Dealer - 30 Day Right to Reject

[des8]

Full information about issuing an online claim can be found here: https://assets.publishing.service.go...rguide-eng.pdf

[Mitche11]

My POC, is there anything I need to change?

1. At all material times:-

a. the Defendant carried on business as a car dealership; and
b. the Claimant acted as a consumer.

2. By a written contract entered into on 21.05.2019, the Claimant agreed to purchase from the Defendant a Land Rover Freelander 2 (vehicle registration xxxx xxx) for the sum of £5,800.00

3. Prior to purchase the Defendant agreed to fit new tyres to the rear.

4. Under the Consumer Rights Act 2015 ("CRA"), there were implied terms that the vehicle would be of satisfactory quality, fit for its intended purpose and as described.

5. The following faults became manifest

(a) faulty differential
(b) incorrect & part worn tyres fitted to the rear

6. In breach of contract for the reasons mentioned in paragraph 5 the vehicle was neither of satisfactory
quality, fit for purpose nor as described.

7. The Claimant exercised her short term right to reject the vehicle under Section 20 (1) of the CRA for
breach of contract by emailed letter on 17.06.2019

8. The Defendant has refused to refund the sum of £5,800.00

9. The Defendant has replaced all 4 tyres without request or agreement from the claimant.

10. The Claimant therefore claims: The repayment of £5,800.00

[Mitche11]

I am confused as to what address to use as the company is based at an address but on companies house the registered office address has a different address it is the accountants address, also the corresponace address is different to where the company is based. Do I give the address of where the company is based and where I have sent previous letters?

[des8]

As it is a company , use the registered office address

You could omit point 9 as it is not part of your claim.
Doubtlessly they will use it as a defence, but it is then you shoot it down

Point 5 add c) tyres fitted to the rear unmarked PART WORN as required by The Motor Vehicle Tyres (Safety) Regulations 1994

[Mitche11]

Thank you DES8 The registered office address on Companies House is the address of their accountant, the premises address is different and not listed on Companies House but is on there website, the address of their premises is where I sent the letter before court claim.

[des8]

service of suit is always made on companies at their registered address.
If you want to be kind you could write (get free certificate of posting from post office) to their premises address telling them that you have initiated a court claim, and papers are sent to their registered address, Then they can't plead ignorance if they don't respond.

[Mitche11]

Thank you for clarifying DES8. I am completing the claim online but in the POC box I can only have 1080 characters and there is only 24 lines, I want to make sure I have the important parts but not sure how to simplify. Your help would be much appreciated. I would just like to say I am so grateful for your help already :-)

[des8]

On 21.05.2019, the Claimant purchased from the Defendant (a car dealership) a Land Rover Freelander 2 ( xxxx xxx) for £5,800.00
The defendant was in breach of contract as the goods were not fit for purpose,nor of satisfctory quality, nor as described.contrary to the Consumer Rights Act 2015
The defendant has ignored the notice of rejection
Accordingly the claimant claims
(a)the sum of £5800
(b) additional costs of £XXXX
(c)court costs
(d) Interest pursuant to section 69 County Courts Act at such rate and for such periods as the court deems just

92 words.....................

[Mitche11]

Thank you DES8. I just want to double check before I submit the claim, the car dealers registered office address on Companies House is their accountant. Is that the address I put on the claim with the name of the car dealers company?

[des8]

Yes

[Mitche11]

UPDATE: Claim issued on 8th August 2019, detailed POC and covering letter posted on 8th August 2019, Certificate of Service email sent to County Court. I have not sent the detailed POC to the court as they note in the MCOL Guide that the court does not require copies of the additional documentation you wish to serve upon the defendant at this time.

My detailed POC I sent to the Defendant is as follows:

BETWEEN:

(Claimant)

Vs

(Defendant)

Ref: (Vehicle)

1. At all material times:-

a. the Defendant carried on business as a car dealership; and
b. the Claimant acted as a consumer.

2. By a written contract entered into on 21 May 2019, the Claimant agreed to purchase from the Defendant a xxxxxxxxxxxxxxxxxxxxxxx for the sum of £5,800.00

3. Prior to purchase the Defendant agreed to fit new tyres to the rear.

4. Under the Consumer Rights Act 2015 ("CRA"), there were implied terms that the vehicle would be of satisfactory quality, fit for its intended purpose and as described.

5. The following faults became manifest:

(a) faulty differential
(b) incorrect & part worn tyres fitted to the rear
(c) tyres fitted to the rear unmarked “PART WORN” non-compliant with the The Motor Vehicle Tyres (Safety) Regulations 1994

6. In breach of contract for the reasons mentioned in paragraph 5 the vehicle was neither of satisfactory quality, fit for purpose nor as described.

7. The Claimant exercised her short term right to reject the vehicle under Section 20 (1) of the CRA for breach of contract by emailed letter on 17 June 2019.

8. The Defendant has refused to refund the sum of £5,800.00

9. The Claimant therefore claims:

(a) The repayment of £5,800.00
(b) Court Costs of £410.00
(c) Interest pursuant to section 69 of the County Courts Act at such rate and for such periods as the court deems just.

Statement of Truth: I believe that the facts stated in these particulars of claim are true.

Full name: xxxxxxxxxxxxx

Signed: _____________________________________

I think I have done everything as I should, but having never done this before I do worry in case I have done or not done something that could jeopardise my claim.

[des8]

Hope the defendant isn't confused by two Particulars of Claim.
Points 3 & 5 were better kept for your witness statement

[Mitche11]

Oh no I have totally got it wrong haven't I!

I thought I had to put the basic on the claim when I completed online as there was not enough space to give the more detailed POC and then send the more detailed POC to the defendant by post.

[Mitche11]

Isn't my witness statement giving the facts of everything with dates and evidence, very much like my very 1st post on this thread?

[des8]

As I said no real problem, but the evidence comes later by way of your witness statement
Did you tick the box to say you were sending more detailed particulars?

Suggest you start drafting your witness statement now so it can be fine tuned and you don't have to rush it