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Before starting my claim, I received a without prejudice offer to settle the claim against a car dealer for a missing feature on the car. The offer stated that it would be a ‘full and final settlement of all claims arising from the sale of the vehicle.’
To my understanding, the settlement includes all present claims, although I only have one claim against them. As I read from some of the case law, not only present, but also future potential claims may be included in this settlement, provided that the claimant was aware of the potential claims at the time of settlement.
If I accept the settlement, and subsequently another fault arises which is remediable by the Consumer Rights Act 2015, would I still have recourse if the fault(s) could not have been reasonably foreseen at the time of settlement? For instance, the gearbox breaks down (unlikely in this particular model of car) three months later and it is established that the fault existed at the time of purchase.
Any thoughts are much appreciated.
To my understanding, the settlement includes all present claims, although I only have one claim against them. As I read from some of the case law, not only present, but also future potential claims may be included in this settlement, provided that the claimant was aware of the potential claims at the time of settlement.
If I accept the settlement, and subsequently another fault arises which is remediable by the Consumer Rights Act 2015, would I still have recourse if the fault(s) could not have been reasonably foreseen at the time of settlement? For instance, the gearbox breaks down (unlikely in this particular model of car) three months later and it is established that the fault existed at the time of purchase.
Any thoughts are much appreciated.
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