Used car problems

[djz]

So we have just rememebred there was further communication which I haven't yet added here (dated 1st March):

I have one final solution and it will be my final offer.

Please be aware that if you reject my 4th proposal I will expect this to go to litigation and I will be happy for that process to commence and let them determin if I have been reasonable or not.

My final proposal is as follows and therefore should be considered carefully.

I will send you £2000 towards the cost of repair at the original garage as per the original quotation.

I will also pay for the return of your car to the same garage you had the quotation from

If again you reject this offer I will communicate only with your legal representative.

This final offer will be available until 4th March 2024.

If no communication has been made on or before the 4th March please understand my offer will be removed.

Without prejudice.

So I will update the LBA with this communication stating that this final offer was unacceptable and that we will open court proceedings.

[Pezza54]

The redrafted LBA is better.

The strength of your claim relies on your wife's acceptance to the dealer's offer to repair the car at no cost to her (as CRA), dealer accepting return and then failing to repair the car within a reasonable time causing you significant inconvenience (not to mention additional expense-alternative means of travel)

[djz]

The redrafted LBA is better.

The strength of your claim relies on your wife's acceptance to the dealer's offer to repair the car at no cost to her (as CRA), dealer accepting return and then failing to repair the car within a reasonable time causing you significant inconvenience (not to mention additional expense-alternative means of travel)

Yeah, we accepted that and sent the car up (the next day after he suggested this) under the understanding that it would be repaired free-of-charge. I will see if we have written proof of our acceptance of that.

I will modify the LBA draft to mention that also..

Thank you !

[Pezza54]

Even if you didn't write agreeing to his offer, your act of delivering the car to the dealership confirms your acceptance

You don't need to include it in the LBA, just make sure it is the main point of your wife's claim

[djz]

Thanks for all of the help so far.

We have evidence for the dealer's offer to repair the vehicle (without any mention of cost), acceptance of the offer and subsequent retraction of the offer, only once his mechanic had looked at it and realised how expensive the repair would be !


I have created a final draft of the LBA. We intend to send it out tomorrow, unless there is anything glaringly wrong !

Ref: XXXX XXX
CAB / Trading Standards Case Number: XXXX

To whom it may concern,

Letter Before Court Claim

On XX Aug 2023 I purchased and took delivery of the XXX vehicle (registration XX XX) from you. On XX Jan 2024 I discovered that it was not of satisfactory quality: the car has a powertrain fault and was diagnosed to need significant engine repairs including new camshafts and XXXX.

To date I have not received a satisfactory outcome to my letter dated XX Feb 2024 Letter Rejecting used car which explained what is wrong with the vehicle and why I am entitled to a repair at your cost or replacement.

On XX Feb 2024 we had agreed that you had the right to repair, so I returned the vehicle to you and you would repair the car to a satisfactory condition. After accepting your offer and returning the car to you, this offer was retracted via email dated 29 Feb 2024 and you requested that I pay 50% of the repair costs estimated at £2,500. This is not a satisfactory outcome.

On XX Mar 2024 you proposed to deliver the car to a garage of my choice and contribute £2,000 towards the repair costs. This is not a satisfactory outcome.

I am now requesting a refund of £6,9xx.00, on the grounds that the goods were not of satisfactory quality under the Consumer Rights Act 2015 and you have refused to repair or replace the goods at your cost. This figure has been calculated by:

• The original purchase price of £6,9xx.00. I enclose a copy of the proof of purchase.
• Deduction for fair use of £777.00 based on 3,xxx miles at 25p/mile.
• Diagnosis costs of £320.00 from xxxx.
• Transport costs of £429.00 returning the vehicle to you.

To avoid taking court action, I am willing to use Alternative Dispute Resolution to resolve this problem.

If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. This may increase your liability for costs.

I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 13-16 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction.

Yours faithfully

[djz]

The dealer has responded (with two days to spare).

We will continue with the money claim.

This is to confirm receipt of your last letter and respond within a timely manner.

I would like to make you aware that when you had your car transported to my garage the cars engine components were in boxes and spread around the interior and boot compartment.

I am not entirely sure if you are aware of this however images have been taken to support my findings.

I raise this issue because this was not how the car was presented to you on collection. You may have a different opinion on this however finding a garage that will re build the top part of the engine to diagnose another garages findings is not easy and can often be costly.

This is why I offered to pay for your car to be transported back to your garage that originally dismantled the engine and pay £2000 towards the invoice which was in my opinion a very fair proposal.

Based on the dismantled engine I will not be offering you a return of goods option as this was not how the vehicle was handed over to you over 6 months ago.

I am again replenishing my final offer to pay for the return of your vehicle to the garage that dismantled the engine and pay no more than £2000 towards the cost to repair.

I hope you feel this is fair and reasonable as my interest is to help support you and the repair of your vehicle.

Without prejudice

[Pezza54]

When you made the bank transfer via the internet and entered the dealer's bank a/c number etc did the payment show that it was being made to a personal account or a limited company's account?

Is the dealer right, did you deliver the car back with a dismantled engine and engine parts in boxes in the boot?

Under CRA Section 20 (7) (b) if the consumer chooses to return the goods he has a duty to return the goods to the trader as agreed

Did the dealer agree that the car could be returned with the engine partly dismantled? Judging by his latest email it doesn't sound like it

[djz]

Hi Pezza,

Sorry for the long response. I have been travelling with work and completely snowed under.

When you made the bank transfer via the internet and entered the dealer's bank a/c number etc did the payment show that it was being made to a personal account or a limited company's account?

We have checked my wife's bank statements. For the two transactions, the statement shows the LTD company name and also she remembers that it was to a LTD company. Is there some way of checking? I can phone the bank and double check?

Is the dealer right, did you deliver the car back with a dismantled engine and engine parts in boxes in the boot?

Under CRA Section 20 (7) (b) if the consumer chooses to return the goods he has a duty to return the goods to the trader as agreed

Did the dealer agree that the car could be returned with the engine partly dismantled? Judging by his latest email it doesn't sound like it

Yeah we verbally discussed this with the dealer over the phone and agreed that the garage which we paid to diagnose the car would partially reassemble it as it would need to be disassembled further anyway to be inspected. I believe this was just a cover and some additional parts which were related to the area and didn't make sense to put back together, e.g not the complete engine as in the reply!

I am not sure why the dealer is making a fuss about this now, since we have been in contact previously regarding the work they would undertake and hadn't mentioned this was a problem, he is only mentioning it now that we have threatened court action, so I think it is a scare tactic?

I will try to find some email proof where they said that the car was in their care and see if there is anything around accepting it etc. But I do not think so, it was only a message to say it was received.


The garage which we paid to diagnose the car left this note in their invoice about the state of the car:

partially reassemble engine for transportation to
other garage. (Refit wheel arch liner,
under trays, rocker cover, injectors, fuel
rail, HP fuel pump and lines. Exhaust
Vanos Central valve threaded sleeve
refitted but loose IN VANOS hub plate
and central valve loose parts left in tray
in passenger footwell. All remaining
engine ancillary items and fittings left in
boot.

So as a next step we will attempt to write the money claim and post a draft here over the coming days.

[Pezza54]

Please read Practice Direction 16 Statements of Case Paragraphs 2.1, 2.2, 2.3, 2.4, 3.1,3.2, 3.3, 7.3, 7.4, 7.5, 10.1
Following this practice direction should save you time and answer any queries you may have when drafting your PoC

[djz]

Thanks. I have read the Practice Direction and have some questions.

1) The amount we are claiming is purchase price MINUS fair usage PLUS diagnosis costs PLUS transport costs. Should we also tick the box to ask for interest on top of this amount? The form suggests it is 8% from claim submission date.

2) Witness statement - is this something I can do as a witness ? What should I put in here ?

3) Timeline & evidence - I have summarised this as best as possible in the claim.

3) Draft Particulars of Claim - please see below. Any comments welcome. This is my first time doing this - so I hope it works well.

1. Introduction
This claim is brought against the Defendant, <COMPANY NAME> LTD, for breach of contract under the Consumer Rights Act 2015.

2. The facts
On xx August 2023, I purchased a car, <Make> <Model> (<Registration>), from the Defendant for £<Total Cost>.

Shortly after purchase, on xx January 2024 and only 3,xxx miles driven, I identified a fault with the car: the car was stuck in limp-home mode and showed a power-train fault on the dashboard.

3. The Consumer Rights Act 2015
Under the Consumer Rights Act 2015, the car must be of satisfactory quality, fit for purpose and as described at the time of purchase.

4. Negotiations and agreement
I contacted the Defendant on xx January 2024 to inform them of the fault. Initially, the Defendant took no responsibility for the fault or any action.

On 23 January 2024 a mobile vehicle technician suggested the car’s repair bill would exceed its value. I booked the car to be diagnosed at an independent BMW garage, xxxxxx Ltd. The Defendant again took no responsibility for the fault or any action.

On 14 February 2024, xxxx Ltd suggested significant repairs were required, replacing Vanos gear, central solenoid valve and camshaft with an estimate of £2,xxx.06 including parts and labour. On xxxx February 2024 the defendant offered to pay £1,000 towards this bill but retracted the offer on 15 February 2024.

On 15 February 2024, the Defendant offered to repair the car at no cost to me. I agreed to this offer on 15 February 2024 and arranged for delivery of the vehicle to his garage at my own cost.


5. Breach of contract
The Defendant accepted return delivery of the car on 19 February 2024.

I contacted the Defendant on 27 February 2024 to chase the progress of the repair and request a return date for the car. The Defendant said it would take 4 weeks to repair the vehicle.

On 29 February 2024, the Defendant asked for 50% of the repair bill to be paid up-front by the Claimant, which breaches the contract. I have refused to pay for the repairs, as this was not agreed initially.

6. Attempts to Resolve the Dispute
I contacted the Defendant numerous times to resolve the dispute but the Defendant, to date, has failed to repair the car and return it within a reasonable timeframe. This has caused me significant inconvenience as I was left without a vehicle to date. I have since had to purchase another vehicle as the Defendant has failed to repair or replace the car.
A number of offers were made by the Defendant, all of which were unsatisfactory and would leave me out-of-pocket and with a car which was not as described in the original advert.


7. Loss Suffered
Due to the Defendant's breach of contract, I have suffered the following losses:
6 weeks without a car due to ongoing dispute
The cost of a replacement car: £9,xxx

8. Relief sought

I claim the following from the Defendant:

Original purchase price: £6,xxx
Deduction for fair usage (3,038 miles): -£7xx.00
Diagnosis costs from independent garage: £3xx.00
Transportation costs of the vehicle back to the Defendant: £4xx.00
Total: £6,xxx

Interest at the statutory rate on the total sum from the date of the claim to the date of judgement.

9. Conclusion

The Defendant failed to honour their agreement to repair the car within a reasonable timeframe, causing me significant inconvenience and financial loss. I am therefore entitled to the remedies set out in Section 8.

10. Statement of Truth

I believe that the facts stated in this claim are true.

Date: 24 April 2024.

<NAME>

[Pezza54]

My thoughts and advice:

Call yourself "the Claimant" instead of "I"

Combine "The facts" and "Negotiations and agreement" and "Attempts to resolve the dispute" under a heading "What happened" in chronological order

"Shortly" is not 5 months

Say the car developed a fault not I identified a fault

"3 The Consumer Rights Act 2015" is not necessary, It should be included under Breach of Contract

Take out heading "4 Negotiations and Agreement"

"Breach of Contract" requires more detail Refer to clauses in CRA about unsatisfactory goods, not fit for purpose, final right to reject - defendant has taken an unreasonable amount of time and has not repaired it, caused you significant inconvenience. State what the dealer did and how you were affected under each CRA clause

Omit 7 Loss Suffered completely. You are not claiming for a new car. The Claimant was without a car for 6 weeks should appear under Breach of Contract (significant inconvenience)

Change "Relief Sought" to "Amount Claimed" Write a £ - p column. State refund of purchase price, deduct fair usage, sub-total, add diagnosis costs, transportation costs, sub-total, calculate interest at 8% pa, number of days (from when you paid until claim submission date) divided by 365, and add the calculated interest to give a claim total

Delete 9 Conclusion completely

Number individual paragraphs consecutively The Statement of Truth should be signed

Don't worry about your witness statement and evidence. They are required later in the process

[djz]

Thank you for the above. I have tried to write your suggestions with one question: Not sure what CRA section the diagnosis costs would be under ?

I have tried to work in the CRA paragraphs, but really I did find it very hard to do so meaningfully

Particulars of Claim

1. Introduction
This claim is brought against the Defendant, xxxxxxxxxxxxx LTD, for breach of contract under the Consumer Rights Act 2015.

2. What happened
On xx August 2023 the Claimant purchased a used vehicle, Mini xxx (xxxx xxx), from the Defendant for £6,9xx.00 and paid the Defendant in full by bank transfer.

On xx January 2024 the vehicle developed a fault: the vehicle was stuck in limp-home mode and showed a power-train fault on the dashboard. This fault was shown after 3,0xx miles driven by the Claimant and less than 5 months of the Claimant owning the vehicle. The vehicle has been unusable by the Claimant since this date.

After negotiations, the Defendant offered to repair the vehicle, which the Claimant agreed to with the understanding the Defendant would pay the full costs of the repair. The Claimant arranged for delivery of the vehicle to the Defendant on 19 February 2024. The Defendant accepted the vehicle and said it would take 4 weeks for a repair.

The vehicle has been under the care of the Defendant since 19 February 2024. On 29 February 2024 the Defendant requested 50% of the total repair costs, estimated at £2,500, from the Claimant up-front. The Claimant sent a letter rejecting the vehicle.

On 01 March 2024 the Defendant made a final offer to contribute £2,000.00 towards a repair at a garage local to the Claimant and this offer would only be valid until 04 March 2024.

3. Breach of Contract
This is a claim for breach of contract under the Consumer Rights Act 2015 (CRA) as the goods were not of satisfactory quality nor fit for purpose. The Defendant has dismissed the Claimant’s right to a repair or replacement at the Defendant’s cost, as well as the Claimant’s final right to reject the goods.

The vehicle was described as satisfactory quality by the Defendant, reflected in the advert’s description and sale price. The advert stated the engine had been recently serviced by the Defendant (CRA section 9(2)).

A major fault developed with the vehicle’s engine causing it to no longer be of satisfactory quality (CRA section 9) as well as no longer fit for purpose as the vehicle can no longer be driven (CRA section 10).

Since the fault developed within six months of ownership, the goods must have not conformed on the day which the goods were purchased as per CRA section 19(14).

The Claimant exercised their right to repair or replacement as per CRA section 19(3)(b). This was agreed by the Defendant. The Claimant bore the cost to return the vehicle to the Defendant which has been added to the claim as per CRA section 20(8).

The Defendant offered to refund the Claimant £4,000 in lieu of a repair or replacement, which is much less than the value of the goods would have if they conformed to the contract (CRA section 23(4)(a)).

The Defendant failed to repair or replace the vehicle within a reasonable time and without significant inconvenience and as such is in breach of CRA section 23(2)(a). The Claimant was without a vehicle for 6 weeks and has had to purchase a new vehicle due to the ongoing dispute. The Defendant requested the Claimant pay 50% of the repair costs which is in breach of the requirement of CRA section 23(2)(b).

The Claimant exercised their final right to reject as per CRA section 24(5)(c) and requested a refund which was ignored by the Defendant.

TODO: Diagnosis costs - need to find CRA section & put it into the above ?

4. Amount claimed

The Claimant wishes to claim the following from the Defendant:

Description £ - p
Refund of purchase price: £6,xxx.00
Deduct fair usage (3,xxx miles): -£7xx.00
Sub-total: £6,xxx.00

Diagnosis costs: £320.00
Transportation costs: £429.00
Sub-total: £749.00

Purchase date: xx August 2023
Claim submission date: xx May 2024
Number of days: 256
Interest to date of claim: £3xx.xx

Claim fee: £455.00
Claim total: £7,xxx.xx

The amount claimed includes a deduction for fair usage of the vehicle at 25p per mile as per CRA section 24(8).

Interest claimed at the statutory rate of 8% on the total sum from the date the Claimant paid for and received the faulty goods until the claim is settled or judgement made.


5. Statement of Truth
I believe that the facts stated in this Particulars of Claim are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.



Date: 06 May 2024


<djz wife name>

[Pezza54]

You need to number the paragraphs consecutively, not the headings which should be in bold print.

Under "What happened" add a paragraph, provide the date of the diagnosis test and state brief details of the test results.
No need to refer to CRA for the cost of this test, just include it under "Amount claimed" which you have done

The £ - p column should be on the right hand side of the page, showing sub-totals
The court fee should not be added to the claim but included on Form N1

Above the calculation of the interest state "The Claimant claims interest pursuant to Section 69 of the County Courts Act 1984"

[Pezza54]

If it isn't too late you are claiming inspection diagnostic cost under CRA Section 19 (10)(a) and (11)(a)

[djz]

I missed the above comment, we finalised the request and sent it out (minus inspection diagnostic comment above). Currently waiting for the defendant to respond by 28th May 2024... will keep posted.