Overheating issue used car

[Daniel79]

Hi there,

Thank you for your suggestions.

One last thing, if I write an LBA addressed to the dealer, mentioning amount and everything and the dealer accepts to defend it, would it not be enough ground for claim? Sorry if that does not make sense.

When I wrote him a message a few weeks ago that I am writing a letter to him demanding a repair and if he doesn't accept it, I will take him to the court, he replied :

" The vehicle was booked in on Monday of in which I have not heard anything from you. The car was sold with warranty, the warranty company has offered to do the work however you are not getting the work done. This is no longer my responsibility, I am happy to go forward with small claims court. " ( after this he called and we agreed he'd take in the car for repair)

Would a judge not consider facts like that? Like an individual would not sell a car with warranty? He responded to my query I posted on motors.co.uk. I feel he's not looking to make it look like a private sale but deny responsibility on the fault.

Thank you.

[Pezza54]

The court has to issue a claim for the defendant to acknowledge service and state they intend to defend it (not the LBA) To start a court claim the court fee is £205 for a total claim amount £3k to £5k

It is not a dealership warranty. The seller acted as a third party creating a contract between you and HP.
You could have purchased your warranty direct with HP

You can't be sure what the seller is intending to do until you start a court claim. Not conducting the sale at his business premises, asking for a bank transfer to a personal account and telling you that an invoice is not required as the purchase price was under £3k, all sounds suspicious