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

[yogiemoji]

Responses in red

Thank you DES8, Can I include the section below in the claim brief - about the Consumer Protection from Unfair Trading Regulations 2008?

By stating that the car has ‘excellent bodywork’ and by assuring the claimant in person that there was no accident damage to the car, the Defendant has breached the Consumer Protection from Unfair Trading Regulations 2008 because this is a misleading action.

The Defendant omitted the vehicle's material information of the accident damage and repair at the point of sale. The Defendant misled by omission which violates regulation 6 of the Consumer Protection from Unfair Trading Regulations 2008. If the Claimant had known that the car had been in an accident previously, the Claimant would not have bought the car.

Kind regards,
Yogi

[yogiemoji]

(d) Interest pursuant to section 69 County Courts Act at such rate and for such periods as the court deems just.

I will not be claiming interest as it goes over £10,000 and as you have advised I will try to keep it to small claims.

Thank you for all your help DES8

[des8]

Regarding the regulations, you might be better referring to the Misrepresentation Act 1967 as the dealer assured you there was no accident damage to the car. That was a positive action as opposed to an omission and gives you rights to damages whereas of themselves the regulations don't.

[yogiemoji]

Regarding the regulations, you might be better referring to the Misrepresentation Act 1967 as the dealer assured you there was no accident damage to the car. That was a positive action as opposed to an omission and gives you rights to damages whereas of themselves the regulations don't.

Thank you so much for your help DES8.

Do you think we should also mention that the MOT might be fraudulent? The dealer got it done by the MOT centre opposite them. We've found that the fuel cap doesn't lock and now think it should not have passed MOT. DVSA said that we were too late to report the matter as it needs to be done within 28 days.

I've read the Misrepresentation Act 1967 and am adding the following to my claim:

Before the contract was made, the defendant stated that the car had excellent bodywork and assured the claimant in person that the car had not suffered any accident damage or been in an accident. The claimant relied on that statement when deciding to go ahead with the car purchase. If the claimant had known that the car had been in an accident previously, the claimant would not have bought the car. Therefore, the statement made by the defendant is a fraudulent misrepresentation and is in breach of the Misrepresentation Act 1967.

Would you say I'm right to say it's fraudulent?

Kind regards,
Yogi

[des8]

I would just leave it at plain misrepresentation.
Fraudulent or innocent doesn't affect the outcome.

As you already refer to the circumstances in a previous paragraph about Consumer Protection I would just write:
"Further to the above, by assuring the claimant the vehicle had not been involved in an accident, the claimant was in breach of the Misrepresentation Act 1967"

[yogiemoji]

Hi des8,
The engineer's company is denying that they damaged the car and are saying that their report is valid. They are saying that the engineer walked around the car and completed a full paint depth check in front of me, which is a complete lie as I've seen a paint depth check in person (shown in my post #10). All the engineer did was point out the crack and ambiguously mention bumper damage before heading off quickly.

I saw the dent within 6 mins of the engineer handing me back the keys. As the engineer had parked the car in my neighbour's spot (we have a shared driveway), when I went round to the driver's side that's when I saw the dent and had the shock of my life. They're saying that I have to prove that the dent occurred during the inspection. Unfortunately, I didn't take pictures before the inspection as I didn't think I'd have to worry about the engineer causing damage to the car. The last image I took was on 8th December, which shows there was no dent to the driver's side front wing.

For the engineer's convenience, I parked the car on the flat verge as the driveway is on a hill. There was no dent to the driver's side front wing or damage to the bumper before the inspection.

They are willing to return the cost of the report but are not willing to repair the damage they've caused.

I'm now asking whether they are a member of a trade association or ADR scheme to take try and resolve this another way.

If I'm successful against the dealer and the engineer has still not fixed the car this is what I'm thinking I'll have to do:
1. Return the car to the dealer and explain that the engineer is going to pay for the additional damage to the car.
or
2. Pay for the repair through a body repair shop and state in the invoice that 'I'm paying under protest' - I don't have the money for completing this through an approved repair shop though. It would be £550 (+VAT) for the dent through an approved body shop and I'm not sure how much the bumper will cost.

What are your thoughts on my next steps?

Kind regards,
Yogi

[yogiemoji]

Do I have to prove that the engineer caused the damage or do they have to prove that they didn't?

[des8]

It is up to the claimant (you) to prove on the balance of probabilities (i.e. 51%) the defendant (the engineer's company) caused the additional damage.

It will come down to haw convincing you are.

The problem of course is that if you win your claim against the dealer, they will want compensation for the damage caused whilst in your possession.

[yogiemoji]

It is up to the claimant (you) to prove on the balance of probabilities (i.e. 51%) the defendant (the engineer's company) caused the additional damage.

It will come down to haw convincing you are.

The problem of course is that if you win your claim against the dealer, they will want compensation for the damage caused whilst in your possession.

This is what the inspection company has said:

"Thank you for your reply to my last email and would point out that the concerns you have raised in your pdf have all been addressed.
I reiterate, as stated in that email, that we stand by the report from the engineer and we do not accept any liability for the damage alleged to have been caused by the engineer. We remain of the opinion that our report correctly identified the condition of the vehicle at the time it was inspected, within the limitations of the service provided by us, and therefore advise that in this instance, we are not in a position to assist you further.
Please be advised that our gesture of goodwill to, without prejudice and without accepting any liability, refund the full cost of the inspection in the sum of £199.00, will only stand for a further 7 days from the date of this email, after which time it will be withdrawn.
We are not a member of an ADR, nor is the company willing to join such a scheme.
This is our final email on the matter and we will not enter into any further correspondence with you regarding such."

Do I need to still give a letter before action with 14 days' notice if they're not willing to speak further regarding this?

The chargeback against the dealer is imminent so I think I will have to get the new damage fixed to prevent chargeback complications.

Should I reveal the inspection company name now on social media or after the court proceedings?

Kind regards,
Yogi

[des8]

It is advisable to send an LBA.

i never ever use social media, but others think naming & shaming is a good move.... up to you

[yogiemoji]

It is advisable to send an LBA.

I never ever use social media, but others think naming & shaming is a good move.... up to you

Hi des8,
I hope you are well.

I have received a reply, to my LBA, from the engineering company. They are still sticking by refunding the report cost only. They have said I have no evidence of photographs just before. I gave them photos from a few weeks prior showing no dent (attached). But I don't have a picture directly before the engineer took the car. However, the engineer did say in his email statement that: 'I confirm that this dent was not seen during my inspection'.

I don't think this is fair as they are trying to get away with damaging the car.
Do you think I should go ahead with the claim against the company or cut my losses and just accept the report refund?

Kind regards,
Yogi

[des8]

I can't really say what you should do.

You have to decide if on the balance of probabilities you could prove the engineer caused the damage, and to an extent that will depend on how persuasive you could be in court.

The other aspect to take into account are the relative costs.
You need to ascertain the costs of repair and then decide if it is worth risking the probable court costs if you were to lose.

I assume the repair costs would be under £10,000 and any case will be allocated to small claims track where costs are limited if you should lose.
There's always the possibility that if you initiate court action the engineers will take a commercial decision to increase their offer in order to avoid that action

[yogiemoji]

Hi des8,

Thank you for all your help so far

I have started the claim against the dealer, I will start the claim against the engineering company soon and update you on the progress for both. The dealer has a month (and an extra 14 days - if needed) to respond. I haven't heard anything back from my bank regarding chargeback yet.

I assume the repair costs would be under £10,000 and any case will be allocated to small claims track where costs are limited if you should lose.

Yes, I have an email from a VW dealer that states they can fix the dent for 550 and the bumper for 450 but this is just an estimate, they said they'd need to see the car before making a proper quote. As I can't move the car, I will use this estimate for my claim.

Kind regards,
Yogi

[des8]

Good luck and if you require help don't hesitate to come back, and please let us know how it goes

[yogiemoji]

Good luck and if you require help don't hesitate to come back, and please let us know how it goes

Thank you des8, I will