Letter Before Action - Faulty Used Car purchased 5 months ago

[Stanley21]

Sorry another quick question - where you have stated 'J bloggs t/a xxxx' should I put the name of the person that sold the car or shall I only put the company name?

On a separate note I've noticed on companies House website that the previous director (who was also the person selling the car) has resigned and a new director took charge last month. Will this have any bearing on the claim?

Your support is much appreciated!

[des8]

Why would you include insurance?
You admit to having covered 2500 miles and only ceased using it at beginning of month.

[Stanley21]

To clarify that would be insurance costs from when I stopped using the vehicle.

For the particulars of claim I'll include the company name only as the person that sold the car is no longer a director at the company.

[des8]

Your claim can only be against the company.

[Stanley21]

Thanks des8.

Sorry final question - noticed that the address on companies House is their accountants address. Should I use this address as the claim or their actual place of business as per their website?

[des8]

Belt and braces ..... send to both!

Technically sent to registered address is sufficient, but if they have failed to register a change of address, or if the accountant is off sick, problems can arise

[Stanley21]

Only allows me to send to one address on money claim website unfortunately so I've gone with the place of business. Will keep the forum updated as and when things happen.

[EnglandPi]

Court documents have to be served on the registered office of a limited company. Serving any other address is not a valid service.

[ostell]

Or can be served to a place were they ordinarily do business.

[des8]

as per CPR 6.9 (2) 6

6. Company registered in England and Wales

Principal office of the company; or any place of business of the company within the jurisdiction which has a real connection with the claim.

[EnglandPi]

as per CPR 6.9 (2) 6

6. Company registered in England and Wales

Principal office of the company; or any place of business of the company within the jurisdiction which has a real connection with the claim.

Thank I've just read CPR 6.9 in full. I stand corrected

[Stanley21]

Received a response from the garage requesting 14 additional days. They've also responded saying that the car engine has been stripped without any permission from them. Although I am not sure where they got that information from. They've admitted part of the claim and as previously they've again offered £600 claiming that the £1,200 + VAT for repair job is for a new part.

I've rejected the offer as I'd rather reject the vehicle outright and receive a refund or failing that they can arrange for the repair of the vehicle as the £600 is no way near sufficient to cover the cost of the repairs and labour even with second hard parts.

They have agreed to go through the mediation service - Has anyone had any experience of the mediation service and would it be worth going down this route? As mentioned above I would ideally prefer to reject the vehicle outright and recover my costs.

[des8]

You might as well go along with mediation.
It is implemented via telephone.
Each party tells the mediator his position, and the mediator shuffles from one to the other.
You don't speak or even hear each other... the mediator does it all.
If you can't come to an agreement the case will continue

If they offer (during mediation) full collection, repair and return which you are persuaded to accept, do so on the strict understanding that they pay for a third party (nominated by you) to check the repair work

[Stanley21]

Thanks for that and good idea regarding checking the repair work.

Just filling out my response and it's asking 'Do you want other people to give evidence? Do you want other people to give evidence?
This could be anyone who can confirm your version of events.'. Should I answer yes for this? I do have an email from the garage I took the car to to diagnose the problem which explains what the issue is and the quote to get it fixed which I plan on presenting as evidence. Technically that would be a statement from the witness?

[des8]

I would answer "no" as you are unlikely to need to call him. even though using the email in your witness statement