Dealer Ignoring CRA 2015 & ignored LBA for 15 days. Small claims or cut my losses?

[yogiemoji]

I just completed the trust online search.
I searched against the company name and address.

The company has no CCJs or HCJs.

I'm compiling the evidence now for the chargeback claim.

[yogiemoji]

Hi des8,

Thank you for your help

I'm calculating the consequential loss/damage and it looks like it will go over £10,000. May I ask what happens with fast-track?

Also, if I win the chargeback claim and inform the court will this automatically bring the claim down to small claims?

Kind regards,
Yogi

[des8]

The caution relating to fast track cases revolves round the question of costs.
For cases valued between £10,000 -£15000 trial costs are fixed at £1,035, but there is also the risk of being landed with adverse costs as set out in CPR45.39
Make a wrong move (and easily done if not au fait with court procedures) and you could be affected.

Cases can be reallocated from fast to small claims track (and have been even after judgment!) but you would have to make application, shew good reason and again possibly face a wasted costs order.

[yogiemoji]

The caution relating to fast track cases revolves round the question of costs.
For cases valued between £10,000 -£15000 trial costs are fixed at £1,035, but there is also the risk of being landed with adverse costs as set out in CPR45.39
Make a wrong move (and easily done if not au fait with court procedures) and you could be affected.

Cases can be reallocated from fast to small claims track (and have been even after judgment!) but you would have to make application, shew good reason and again possibly face a wasted costs order.

Thank you DES8 I am trying to keep costs down to remain in small claims.

I'm writing a post here to update you and the forum about what has occurred so far.

I started the chargeback process and for peace of mind, I decided to get an engineer's report before the small claims. However, their engineer has dented the driver's side front wing. I noticed this within 6 minutes after he left (in a rush). I took a photo immediately (please see attached). CAB has advised now that I need to open a formal complaint with the engineer's company and complete the same process I have done with the dealer.

Their report also has no technical knowledge/expertise or timeline for the filler repair- this is something they advised they could give prior to payment. The report hasn't added any value to the claim and the engineer has hit the front bumper of the car as he stated "The front bumper has impact damage with stress fractures, there is no evidence to suggest this was present at the point of sale." I was not aware of any bumper damage before I handed the keys to the engineer.

I am well aware of the exterior condition of the car - especially since going through the dispute with the dealer - and the previous quote from the #9 post shows that the only damage a professional body repair shop could find was the passenger side door and front wing.

So this damage to the front bumper along with the dent-image attached are new damages that only appeared after the engineer had the car.

After breaking down their report and their engineer's statement, I have explained how the engineer did not take care of the car or show due diligence. They have said that I will need to wait 5 days for their response. I will be writing an email stating that this is my formal complaint and giving them the cost of the damage they caused to the car. My hope is that - as they are a reputable company - they will do the right thing and pay for the repair.

This is really stressful as I thought I'd be in expert hands and I'm already at the limit of the amount I can claim via small claims with the dealer. I have the rented car for 30 more days, if I have to rent for any longer then this will not be possible to claim back in small claims.

My questions:
1. Please may I ask whether I should still start the small claim against the dealer or wait until the dispute with the engineer's company is complete? - I am thinking that I have to start the small claims against the dealer anyway as it will take some time for the process to complete.
2. Also, should I inform the bank and see if they can delay the chargeback?

Thank you for your time.

Kind regards,
Yogi

[des8]

So the engineer didn't even give the report you requested, but were your instructions in writing.
I would be looking also for their costs refunded as not supplying the service ordered, or a proper report.
you have this right under CRA 2015

I would not delay the claim against the dealer.
It is a completely separate issue to that of the engineer report.

I also would not delay the chargeback. If they pay out before the case comes to court, you will at least have recovered some of your capital The amount claimed is easily lowered to take chageback into account.

[yogiemoji]

So the engineer didn't even give the report you requested, but were your instructions in writing.
I would be looking also for their costs refunded as not supplying the service ordered, or a proper report.
you have this right under CRA 2015

I would not delay the claim against the dealer.
It is a completely separate issue to that of the engineer report.

I also would not delay the chargeback. If they pay out before the case comes to court, you will at least have recovered some of your capital The amount claimed is easily lowered to take chageback into account.

Hi DES8,

Thank you.

We have made a formal complaint to the engineer's company, quoting CRA 2015, through email. They haven't acknowledged the letter, they're usually quite responsive so I might have to post it too.

I am starting the claim now. However, my mum is currently paying for my car rental as I can't afford it.

Would I still be able to claim this as "Just myself" or would I have to pay my mum to claim this back as a consequential loss?

Also, can my mum pay the court fees?

Kind regards,
Yogi

[des8]

Presumably you will be repaying your mother, so this is your loss.
If you are concerned why doesn't your mother "lend" you the money so you can pay court fees from your own account

[yogiemoji]

Presumably you will be repaying your mother, so this is your loss.
If you are concerned why doesn't your mother "lend" you the money so you can pay court fees from your own account

Thank you DES8,
Yes, I will be returning the money to my mother after the case is over.

I'm not sure if I asked this, but the dealer has two car companies open now, which I hadn't seen before on companies house.

I'm worried that he'll transfer all the assets from the company we're claiming against to the other company, is this possible?

Is there a way to put a stop to this?

Kind regards,
Yogi

[des8]

Assuming the two companies are not part of a group , the assets could be transferred.
However if this happens the receiving company becomes liable for Capital Gains Tax (CGT) if the assets are transferred free of charge or below the fair market price.

[yogiemoji]

Assuming the two companies are not part of a group , the assets could be transferred.
However if this happens the receiving company becomes liable for Capital Gains Tax (CGT) if the assets are transferred free of charge or below the fair market price.

Hi DES8,

Thank you for that information

So, I'm guessing that the capital gains tax will be much higher than the amount I'm claiming as he has 23 cars (he's sold 5 now)?

In the claim brief, should I write the <dealers name> trading as <car company name>?

Kind regards,
Yogi

[des8]

You are probably right about the CGT (if he acts properly!)

If you purchased from a limited company your claim is against the company, not the dealer

[yogiemoji]

You are probably right about the CGT (if he acts properly!)

I'll continue to keep a close eye on his website and companies house and report anything dodgy to companies house asap.

If you purchased from a limited company your claim is against the company, not the dealer

Thank you DES8, I've put the company as the one we're claiming against.

If you have a chance, please may I ask if you could read my claim brief attached and let me know your thoughts?

I understand that a more detailed timeline will be required at a later date so I've only included the key dates.

Thank you.

Kind regards,
Yogi

[des8]

OK will look it over in next couple of days, but at first glance your draft looks more like a witness statement than a statement of case.
A claim needs to be succinct and on the following lines 9but don't follow this example slavishly as it probably won't fit exactly)



At the material time the defendant was XXXXX a trader, and the claimant a consumer
On dd.mm.yyyy the claimant purchased a vehicle Make & model Reg No xx 00 abc from
the defendant for £xxxx
The Defendant was in breach of contract as the goods were not of satisfactory quality contrary to the Consumer Rights Act 2015
The Defendant failed to bring the vehicle to a satisfactory condition to conform to the contract.
Accordingly the Claimant rejected the vehicle on dd.mm.yyyy but the Defendant failed to collect the vehicle or return the purchase price
Accordingly the claimant claims
(a)the sum of £xxxxxx
(b) Damages of £xxxxx
(c) court costs
(d) Interest pursuant to section 69 County Courts Act at such rate and for such periods as the court deems just.

Later in the process you set out your evidence in the form of a witness statement

[yogiemoji]

Hi des8 , thank you for your quick reply. I'll use your example to help me draft my claim brief.

Is there a guide online? I've only found the old MCOL guidelines.

I was just following this youtube lawyer at 7:00 https://www.youtube.com/watch?v=kdmz...kBeltBarrister

Who gave this example:
They are just asking you for the facts of what happened so, for example, I answered an advert for roof repair, he came around he measured it up, he gave me a quote, he came and did the work, I paid him the money, the roof leaked or some of the tiles fell off, and altogether it was a job that wasn’t up to the standards, and it’s caused you loss, the money that you’ve paid him, and the damage that’s been caused because the roof leaked

For the information I received from the repair shops, would that go under letters, email and correspondence?

[des8]

Not that I know.


For the information I received from the repair shops, would that go under letters, email and correspondence? Yes

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