Faults on car

[des8]

If you don't ask you don't get!

[Bomber99]

Hi DES8

can I ask for some further advice please

Can we demand our money back for the car and delivery as they now have the car back and then go to court for the damages. The reason I ask is the daughter has found another car but needs the funds owing for the car and delivery to purchase it.
If we were to go down this route would it cause her any legal problems later on

bomber99

[des8]

Yes, the claim for damages is on top of her right to a full refund.
CRA 2015 does not prevent the consumer seeking other remedies, which includes damages so the claim can be made after the refund.

[Bomber99]

Thank you DES8 that’s a great help

bomber

[Bomber99]

Hello DES8
some very good news. Thanks to your brilliant help my daughter received a refund for her car and delivery charge today.

Now my daughter wishes to pursue the dealership for her damages, so can I ask a few questions.

when doing the Letter Before Action how should she address this now the car and delivery charges have been refunded. Should it begin, due to the unsatisfactory condition and breakdown of car bx**** I wish to claim damages that flow from this etc etc

when the car broke down on the first occasion it was agreed in emails that the dealership would RECOVER, REPAIR and RETURN the car in a satisfactory condition with all paper work including invoices for parts and labour for your references.?

would this be a written contact between them as the manager refused to deliver the car back and gave no paper work to prove the repair work had been carried out.?

On the way home from collecting the car from the dealership the car broke down with the same issues that it went in for repair with and other issues were found with the car that made the car to dangerous to drive.The car had to be recovered some 140 miles from home. When it broke down we was on the M1 motorway with no hard shoulder to pull over on to and the experience was utterly frightening As my son in law is medicated for anxiety problems this has made him far worse. The doctor has now prescribed him with some other medication to help him.
Is it worth pursuing them for the stress it has caused him because of there negligence.

sorry for the long post and as usual any advice is much appreciated

bomber99

[des8]

Glad to hear your daughter has recovered the bulk of her expenditure.
Hope the new car is more satisfactory!

Has the dealer been asked for her extra costs yet?
If not it's a bit early for an LBA

[Bomber99]

Hi DES8
they have been asked on two occasions and on the first time she was totally ignored and the second time the manager said “see you in court”
After the refund today we did send them an email asking if the management have dealt with her other damages and if they have could they give us there decisions.
bomber99

[Bomber99]

Hi DES8

one other

[Bomber99]

Hi DES8
sorry about the last post slip of the finger lol

so can I ask another question please.

how long does my daughter have before it is to late to send a letter of action to start the court process
thank you
bombrr99

[des8]

I would give them time to reply to the last email before sending an LBA.( the limitation period is 6 years so no rush)
It is better to negotiate a settlement than go down the legal avenue.
Court action can be stressful and is a bit of a lottery.

The claim would be for damages following a breach of contract.
The LBA would not need to refer in detail to all that occurred, just that vehicle xyz was purchased on Dd/mm /yy for £xxxx.
It proved unsatisfactory and a refund of purchase price and delivery charge was made.
However additional costs were caused by reason of that breach of contract.
These costs were:
1)
2)
3) etc

Therefor you require they meet these additional costs, as requested in communications of dd/mm/yy.

Tell them that if they fail to comply you may initiate court action without further reference to themselves.


Very unlikely to obtain anything for the stress caused to SiL and not worth pursuing.

[Bomber99]

Thank you DES8 once again for your great advice and how to construct the LBA
bomber99

[Bomber99]

Hi DES8 sorry for asking further questions but feel this may be important if it comes to court.

The dealership stated in a email, after the work had been completed they would provide the relevant documents with parts / labour invoices for our references. We did not receive these while at the dealership. Apparently they could not be found and would be forwarded on. The breakdown guy basically said it was the same problem that she had experienced before and what it went back to the dealership for. The car broke down with the same fault so we are presuming the work was never carried out. Have the company broke any rules under the consumers rights act 2015 or under the consumers protection from unfair trading regulations 2008

bomber99

[des8]

It is not that they broke any rules, it is just that (whatever they did or did not do) the vehicle was not returned to you in a satisfactory condition.
They have accepted the rejection by refunding the purchase price.

Because this was a breach of the implied terms of the contract you are entitled to claim those costs which arose because of that breach.

[Bomber99]

Hi DES8

when dealing with her damages can she quote sec 19 (11) (a) to the dealership. They have just sent an email to my daughter saying they made a mistake returning the delivery cost of the vehicle and could she return the £250
cheers
bomber99

[Bomber99]

Of cause that is sec 19 of the cra act