** WON ** car dealer giving me the runaround - 30 day right to reject

[des8]

Re: car dealer giving me the runaround - 30 day right to reject - please help!

Have you read and complied with the Pre action procedures:
https://www.justice.gov.uk/courts/pr...l/rules/part01
https://www.justice.gov.uk/courts/pr...action_conduct

As a litigant in person (assuming you act for yourself and do not employ a solicitor) you should attempt tofollow CPR preaction procedures, but it is unlikely to prove fatal to your case if you don't.

[mzbl00]

Re: car dealer giving me the runaround - 30 day right to reject - please help!

ive just been looking at those

* ive tried to resolve the dispute making i believe a fair offer
* ive asked about ADR
* ive made a decision that i will proceed based on the assessors report ( which they have asked for a copy )
* when i get the report i will give them a copy and 5 days to reply, and if not file

What else can i do?


(a) understand each other’s position;
(b) make decisions about how to proceed;
(c) try to settle the issues without proceedings;
(d) consider a form of Alternative Dispute Resolution (ADR) to assist with settlement;
(e) support the efficient management of those proceedings; and
(f) reduce the costs of resolving the dispute.

- - - Updated - - -

ive also kept my costs down to a reasonable level

[Amethyst]

Re: car dealer giving me the runaround - 30 day right to reject - please help!

Now regarding Pre action conduct
* i have offered 3 times the above settlement, only just now got a response
* i have asked twice about ADR and wether he is a member of an ASR - no response

In writing/email etc?

Now really it'd be a letter before action, detailing the claim, the amount and the timescale ( 14 days is usual ) and give him a final opportunity to settle ( ie take back the car and refund me)

If the cause is in dispute the court may order an independent report on the faults.

[mzbl00]

Re: car dealer giving me the runaround - 30 day right to reject - please help!

i already did the LBA a month ago, then he ' went on holiday ' and didnt get back to me.

the cause will probably never be found i am told, without spending around 4k and even then they might not be able to tell

- - - Updated - - -

and yes in writing/email

[Amethyst]

Re: car dealer giving me the runaround - 30 day right to reject - please help!

Well it sounds like you want to be drafting your particulars of claim.

You may want to send a final LBA to the seller giving 7 days just to ensure there's no arguments on pre-actions as other stuff has gone on in between.

[mzbl00]

Re: car dealer giving me the runaround - 30 day right to reject - please help!

thanks i will do when i send the report which i will do once i get it ( hoping later today )

[des8]

Re: car dealer giving me the runaround - 30 day right to reject - please help!

Well if you are determined to give them the report, remind them when you send it, that if you don't receive a satisfactory response within 5 days you will commence legal proceedings without further reference to them.

When do you anticipate the report will be ready?


Late posting again.. crossed with everyone lol

[mzbl00]

Re: car dealer giving me the runaround - 30 day right to reject - please help!

haha yes thanks. They already know i am having a report done and they have asked to see it - i cant withhold it until i claim - i think thats what the solicitor means.

Should be today or tomorrow !

[mzbl00]

Re: car dealer giving me the runaround - 30 day right to reject - please help!

Hi All,

I recieved the independant report. Oil starvation which was already in advanced stages before i bought the vehicle.

"6.9 - In view of the short time and limited mileage covered since purchase; it is clear that theengine fault was due to a previous incidence of oil starvation and would have been evident/inadvanceddevelopment at the point of sale.
6.10 - With regard to the condition of the rear suspension arms and rear anti-roll bar links it is clearthat the vehicle was sold with defective/excessively worn suspension.6.11 - In my considered opinion the vehicle was supplied in a condition which was not ofsatisfactory quality and was unfit for purpose.
6.11 - It is therefore recommended that legal advice is sought with a view to rejecting the vehicleunder the terms of the Consumer Rights Act 2015."

My only issue is the service history ( just a pile of reciepts i never actually saw a service book ) is currently missing. I have a suspicion the dealer took it from the car before we drove off as it hasnt been sighted since viewing the vehicle.

[des8]

Re: car dealer giving me the runaround - 30 day right to reject - please help!

So as you now have the proof they demanded you will be sending it with a request they refund you the cost of the vehicle and all your other expenses incurred (damages)as per CRA 2015!

[mzbl00]

Re: car dealer giving me the runaround - 30 day right to reject - please help!

So as you now have the proof they demanded you will be sending it with a request they refund you the cost of the vehicle and all your other expenses incurred (damages)as per CRA 2015!

Thank you.

I do wonder if i should bother replying to the latest solicitors letter - its a number of points refuting my claims basically, saying that i held myself out to be a trader buy, that 160k is exceptionally high mileage, that the dealer did not misrepresent himself, and that because i bought the car with (minor) defects that i accepted it with all faults.

Or would i just be giving them more to play with?

[des8]

Re: car dealer giving me the runaround - 30 day right to reject - please help!

Minor defects!!!!!!!!

Solicitor also said to serve their client direct, which sounds as if the solicitor is now out of the loop, so I would ignore him.
Also very likely that solicitor would not represent trader in court due to cost and the very very slight chance of being able to recover his costs from you even if they managed to win.

[mzbl00]

Re: car dealer giving me the runaround - 30 day right to reject - please help!

Thanks

Solicitor has asked to see the report, and from what ive read they dont represent in court, only advise. i was thinking send report to solicitors and also the client himself, with 5 days to pay up or will start proceedings.

[des8]

Re: car dealer giving me the runaround - 30 day right to reject - please help!

Up to you, but I would let the dealer supply a copy to HIS solicitor.
Why should you incur the cost and bother?

[mzbl00]

Re: car dealer giving me the runaround - 30 day right to reject - please help!

yes very true! the only reason being is that the dealer wont have anything to do with me and fobbed me off to his solicitors!

i will serve the solicitors via email, not post. i will serve him by post