appreciate advice on rights after purchasing a faulty vehicle

[des8]

Re: appreciate advice on rights after purchasing a faulty vehicle

will post up a draft for you tomorrow

[skilganon]

Re: appreciate advice on rights after purchasing a faulty vehicle

[MENTION=39710]des8[/MENTION]

thank you very much it is much appreciated

[des8]

Re: appreciate advice on rights after purchasing a faulty vehicle

Well here's my suggestion but do check my figures and refer to post 38 above to make sure your sister claims for everything.
Others might be along to tweak (or trash!) my effort, so don't rush into print.
If claiming on line be aware the PoC below is very near the character limit of 1080.

1. The defendant was at all times a retailer in the course of business

2.On or about 27March 2015 the claimant purchased from the defendant a
Vauxhall Astra Estate Twinport registration number CK55 XVY for social, domestic & pleasure purposes including commuting to work.

3. It was an implied term of the contract of sale pursuant to Sec 14 of the Sale of Goods Act 1979 (as amended) that the goods would be of satisfactory quality and fit for said purposes.

4. In breach of said terms the goods were neither of satisfactory quality nor fit for purpose
In particular: The vehicle suffered from excessive oil consumption and coolant loss which problems the defendant failed to resolve.

5.By reason of the aforesaid the claimant has suffered loss and damages and claims:
i) £2,795.00(purchase price,including part exchange)
ii)£1,000.00 calculated @£10 per diem for 100 days the vehicle has been unusable(22 May to 01 June and since 26 June to 25 September) and for each subsequent day to settlement
iii)interest pursuant to section 69 of the County Courts Act 1984

[skilganon]

Re: appreciate advice on rights after purchasing a faulty vehicle

very much appreciated des8 , i will go through it and amend accordingly or leave well alone

[skilganon]

Re: appreciate advice on rights after purchasing a faulty vehicle

apologies for not keeping this thread updatedmasred:

it took a while to convince my sister that the only way to sort this mess out was to issue a claim through nccbc as the garage were simply never going to do a thing to rectify this matter and the car would simply sit on her drive until it rotted away.

so..... we finally issued a claim on the 9th november.

the defendant responded to the claim with a couple of days to spare.... admitting liability for the value of the vehicle only, and basically submitting a defence which is really complete rubbish.

i have advised her to continue with the claim and look to mediation where possible to at least get back her costs in issuing this claim.
she has just received a DQ from the courts to be filed and served by the 4th january 2016.

any advice would be much appreciated.:santa_smiley:

[des8]

Re: appreciate advice on rights after purchasing a faulty vehicle

Well done.
If they have admitted vehicle unsatisfactory, it would be interesting to see how they can dispute the consequential losses other than in quantum.
If you post up the defence we can help drafting a "response to the defence".

She also now needs to write a "witness Statement" which is basically a narrative of what has occurred in chronological order.
e,g.1) On dd month year I purchased vehicle reg no make etc for £xxxxx from the defendant XXXXXXXXXXXXXXX address.
Receipt No.. (Exhibit 1)
2)on dd month year the oil warning light came on due to low oil level. Oil topped up to correct level.
3)On dd month etc etc

Number the sentences, and where there is written evidence (eg email, receipt number it as exhibit x)

Post it up in due course so it can be checked,

[skilganon]

Re: appreciate advice on rights after purchasing a faulty vehicle

[MENTION=39710]des8[/MENTION]

thank you for your prompt response Des8, he has filled in the claim form and in section 1 he has ticked the box

I admit the amount of £2795.

so he has accepted liability for the cost of the vehicle, which would never have happened if she had not issued a claim ! so surely she is entitled to recoup the cost of issuing the claim !

his defence is as follows >








3. Defence (lf you need to continue on a separate sheet put the claim number in the top right hano corner.)
I am more than happy to return the customer the cost of the
vehicle €2795. The customer called to advice that they had a
fault with there vehicle that they had purchased saying that it
had a water and oil leak. The customer bought the vehicle back
and we inspected il and found that in fact there was a water leak
so we repaired this by replacing the split pipe. There was no
evidence of any oil leak and all the levels were showing to be
correct so I informed the customer of this and that if thev did






Defence (contrnued )
have any further problems then to contact us and we would get it
sorted for them.
We received a call about 3 weeks later to advise they had a
problem but unfortunately my mechanic was away and was returning
on the 28th June 2015 so I asked if they could give me a call to
advise of a convenient date it could be looked at on or afler this
dale. Unfortunately I never received a date from the customer
Just sometime later a letter requesting a full refund. I wanted
to get the opportunity to inspect the vehicle to find out the
extent of the fault as I hadn't been provide with an external

[des8]

Re: appreciate advice on rights after purchasing a faulty vehicle

I wouldn't bother issuing a Response to that defence!
Just send in the completed DQ, together with the fee. (or fee remission form if your sis qualifies).
The witness statement will be required when you have the notice of allocation, so some time in which to prepare it.
Then sit back and enjoy Christmas

[skilganon]

Re: appreciate advice on rights after purchasing a faulty vehicle

thank you des8, i will fill in the DQ for her and ask her to piece together all the information she has, phone calls, photographs and copies of any and or all letters sent.

this all seems so unnecessary!


:fireside:

[skilganon]

Re: appreciate advice on rights after purchasing a faulty vehicle

[MENTION=38669]Des[/MENTION]

just sitting down to fill in the DQ for this claim and i am a little concerned , the DQ needs to be filed and served by 4th Jan but.....

On the ' notice of allocation' it doesnt mention paying a hearing fee ? and also on the DQ itself the NCCBC staff have circled the ' defendant' on the paperwork sent to the claimant ?

i dont want to mess this up for her , could it be that they have sent this in error ? or should i just cross out defendant and circle claimant and file and serve it as normal.

my other concern is that no fee of any sort has been requested ?

any advice, as always is much appreciated.

[R0b]

Re: appreciate advice on rights after purchasing a faulty vehicle

Cross out defendant, circle Claimant and attach a short paragraph letter (stapled to the front) saying this DQ has been sent to you as the Defendant, you are making the court aware that this DQ is submitted by the claimant.

If you used money claims online, fees are in 2 stages, the court fee which is to issue proceedings, and then a hearing fee if it goes to court before the judge, see the following link.

https://www.moneyclaimsuk.co.uk/smal...ourt-fees.aspx

[skilganon]

Re: appreciate advice on rights after purchasing a faulty vehicle

[MENTION=39710]des8[/MENTION]

Hi all,
really sorry not posted for a while on this thread.

to keep you updated, this went to mediation the defendant refused at first to pay for anything other than the vehicle !

my sister turned this offer down, the defendant then offered to also pay for the cost of the claim but nothing more.

my sister would not accept this offer, as she has incurred a number of other costs, but was prepared to reduce the amount claimed in order to put this behind her. The defendant refused.

The claim then went before a district Judge who awarded in favour of my sister, and ordered the defendant to pay her the money she paid for the vehicle ( including the trade in ).

He has also set a hearing date in early may for the costs in this claim.

any advice on how to put in a costs application and how to lay this out correctly would be much appreciated.

My sister would like to pass on to all who helped, her gratitude. Especially des8

[des8]

Re: appreciate advice on rights after purchasing a faulty vehicle

Well done that girl! ............. (did he pay?)

Besides the purchase price was she awarded her claim for loss of use etc?

[skilganon]

Re: appreciate advice on rights after purchasing a faulty vehicle

[MENTION=39710]des8[/MENTION]

hi all,

no! as far as i know he hasnt paid a penny as yet ? not 100% sure on this i will get back to you.

No the Judge awarded her judgement on the part of the claim to which he admitted liability , but has sent it to trial for any costs , or a hearing for the costs at least.

so i am thinking she needs to submit a witness statement or skeleton argument for her costs ? along with some detail as to the costs she has incurred.

not too sure on this ?

as far as i am also aware the car is STILL parked on my sisters drive ! will check this out also and come back to you.