We just bought a car and it blew up within 3 weeks! Won't give me my money back!!

[wales01man]

Re: We just bought a car and it blew up within 3 weeks! Won't give me my money back!!

Who actually purchased the car and has receipts in their name and ownership now? could cause problems if you sue you would have no contract with garage

[juju020]

Re: We just bought a car and it blew up within 3 weeks! Won't give me my money back!!

Who actually purchased the car and has receipts in their name and ownership now? could cause problems if you sue you would have no contract with garage

Receipt is in my son's name and he has ownership. I get the point, I'll refer to first person, thank you wales01man, that makes sense.

[R0b]

Re: We just bought a car and it blew up within 3 weeks! Won't give me my money back!!

Letter before action in first person as it is your son who is legally entitled to bring a claim not you. If you are going to be representing him in court, then he must attend court also, otherwise you have no right to act on his behalf.

[juju020]

Re: We just bought a car and it blew up within 3 weeks! Won't give me my money back!!

Here is my 'hopefully' final draft, unless anyone has any other input? (you guys actually kind of wrote it) What do you think? Thank you in advance

21 September 2016

Re: Vauxhall Meriva xxxx
Purchased: 21 August 2016
Cash Price: £1400.00
Purchaser: xxxxxx

LETTER BEFORE ACTION

Dear xxxxxx

FACTUAL BACKGROUND
Further to my previous correspondence, the purpose of this letter concerns a vehicle recently bought from your premises at xxxx xxxx. On or about 21 August 2016 I attended your garage with my mother with a view to purchasing a car from you .On or about 21 August and after initial discussions I decided to purchase a Blue Vauxhall Meriva, registration xxxxx, along with one month’s warranty. After taking possession of the car, I noticed an engine light fault and decided to take it to a local garage, [NAME OF GARAGE] on 25 August 2016. The Garage confirmed that the car had two minor faults and it was declared that the faults would not cause any hazardous driving restrictions. Following this, I contacted xxxxxx and spoke to xxxxxxx advising of the events that occurred. I was explicitly advised not to have the car repaired by [NAME OF GARAGE], because the car would be repaired by yourselves upon xxxxxxx return from holiday in three weeks.

On 5 September 2016 the car caught fire under the bonnet whilst parked in a residential area and unoccupied. The fire was substantial and the police and fire brigade were called for assistance. The car is subsequently a Category B write off.

I informed my insurance company who in turn arranged an engineer to inspect the damage on the same day. His conclusion was that the cause of the fire started from the battery and/or fusebox relay, resulting in an electrical fault. The engineer also noted that the car had previously been in an accident and was categorised as a category C write off. Subsequently, I gave notice to you on 12 September 2016 to reject the car and obtain a refund.

THE LAW

CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008 (the "CPRs")
Regulation 6 provides that a commercial practice is a misleading omission if, inter alia, the commercial practice omits material information or hides material information. As a result of the omission, it causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise. For the purposes of Regulation 6, material information means the information which the average consumer needs, according to the context, to take an informed transactional decision.



CONSUMER RIGHTS ACT 2015 (the "CRA")
It is an implied term of the contract that the goods are of satisfactory quality and fit for purpose. In particular, goods must be fit for the purpose of which the goods of that kind are usually supplied as well as safe and durable. Furthermore, goods ought to be usable but also the for purpose for which the goods are intended to be used. Where a trader is in breach of the implied terms, the consumer has a short term right to reject the goods within 30 days of receipt and obtain a refund.

BASIS OF THE CLAIM
xxxxxx failed to notify me that the car was previously in an accident which sustaining substantial damage. Had I become aware of this information, I would not have agreed to purchase the car. By omitting and/or hiding such material information, you are therefore in breach of Regulation 6 of the CPRs. Further or alternatively, as a result of the car sustaining damage from a prior accident, xxxxxx sold the car which was not of satisfactory quality or fit for purpose. You have suggested that because the car has passed an MOT it is roadworthy however, the MOT certificate clearly states that it does not confirm the car will be roadworthy for the duration of a valid MOT certificate. In addition, an MOT carries out certain checks but does not undertake a full inspection of the vehicle. In light of the engineer's report, the car was not in a safe condition nor was it of satisfactory quality or fit for purpose.

ACTION REQUIRED
Payment of the full amount due, namely £1400.00 should be paid to the following bank account within the next 14 days:

Account Number:
Sort Code:

In the absence of a full response by XX XX XXXX, I shall commence legal proceedings without further notice. In the event that proceedings are commenced, I shall also seek any costs incidental to the application and interest as determined by the court.

I look forward to receiving the full amount in due course.

[juju020]

Re: We just bought a car and it blew up within 3 weeks! Won't give me my money back!!

One quick thing I didn't tell you, I think he was lying to his solicitor as I don't think he even showed him my response to his solicitors first email. I had a few quick fire responses from him in his words, as he does not spell well and the format is not the same as his solicitors. I have heard nothing more from his solicitor.

Actually ignore this, it doesn't mean anything? Sorry, I was thinking out loud..........

[juju020]

Re: We just bought a car and it blew up within 3 weeks! Won't give me my money back!!

Letter before action in first person as it is your son who is legally entitled to bring a claim not you. If you are going to be representing him in court, then he must attend court also, otherwise you have no right to act on his behalf.

Fair and good points. I had not thought of that I'm so glad I came here for help!

[R0b]

Re: We just bought a car and it blew up within 3 weeks! Won't give me my money back!!

One thing I forgot to add is that you need to include the engineer's report as you are relying on that as evidence even though you might have provided it before.

[juju020]

Re: We just bought a car and it blew up within 3 weeks! Won't give me my money back!!

One thing I forgot to add is that you need to include the engineer's report as you are relying on that as evidence even though you might have provided it before.

Thanks R0b, I've amended the following paragraph :

I informed my insurance company who in turn arranged an engineer to inspect the damage on the same day. His conclusion was that the cause of the fire started from the battery and/or fusebox relay, resulting in an electrical fault. The engineer also noted that the car had previously been in an accident and was categorised as a category C write off and have enclosed a copy of the engineers report as evidence. Subsequently, I gave notice to you on 12 September 2016 to reject the car and obtain a refund

[R0b]

Re: We just bought a car and it blew up within 3 weeks! Won't give me my money back!!

All looks fine to me, just make sure to fill in the gaps where there are X's and everything in brackets

[juju020]

Re: We just bought a car and it blew up within 3 weeks! Won't give me my money back!!

yaay......ok will do great, so I'm good to go! I have a copy with all the names and bits in saved. I shall send this registered post to Garage then just sit back and wait!!

Thank you to each and everyone of you.....you're all stars!!!! I will let you know what happens....wish me luck!! xxx

:stars::judge2:

[juju020]

Re: We just bought a car and it blew up within 3 weeks! Won't give me my money back!!

Hello
Just thought I'd let you know after all these month's we finally went to court over this! And won!!! Judge told him car was 'unfit for purpose'. He's to pay 1400 for car and 185 costs. Thank you for all your help, helping me achieve that.

Whilst I am rightfully delighted he is trying to make me an offer? He's claiming bankruptcy , says he has 10 ccjs, he's poor etc etc. He has 2 day's to pay up! He wants to give me 800 cash and a post dated cheque for 200 April.

He wants us to sign this as full settlement. So do you think I should take it and run...or hold out and go for enforcement and possibly get small instalments or nothing if he goes back to Bulgaria.

Sorry but thanks for any advice, it's my last hurdle

Thank you

[Amethyst]

Re: We just bought a car and it blew up within 3 weeks! Won't give me my money back!!

Well, it's completely up to you but £800 is better than nothing - if he has 10 CCJs on his file though then another isn't going to make any difference so I'd wonder why he is making any offer at all as it seems to be so it isn't added to the register - which is a little odd. If you take it I wouldn't count on getting the £200 in April either. Do you know much about him? If you instructed enforcement agents would you actually be able to obtain more or is the concern of him returning to bulgaria and just ditching the debt based on knowledge you have ?
If he was poor it's unlikely he'd have £800 laying about to give you anyway.

You can check what CCJs he has on registry trust online to see if his story adds up before deciding. https://www.trustonline.org.uk/search-others

( oh and WELL DONE !!! )

[juju020]

Re: We just bought a car and it blew up within 3 weeks! Won't give me my money back!!

Hi amethyst...thank you..Couldn't have done it without great advice here.

No it doesn't add up. If he's so poor why doesn't he try for small instalments? I know he's a terrific liar. He's director at a Ltd car sales company. Says he doesn't own the cars but gets commission for selling them. Says he raised the 800 by log book loan 500..and 300 loan from friend. Log book loan?? Weird. Wife in hospital.(that was last week this week she's leaving him)..Kid sick...owes tons in council tax..blah blah blah

Really want it all back but don't want to take a chance on losing it all. Principal

[R0b]

Re: We just bought a car and it blew up within 3 weeks! Won't give me my money back!!

First of all, congrats on winning you deserve it after all of this

Can you confirm whether the court hearing was today? Did the judge order that he pay up within 48 hours of today's judgment?

There is always the risk that when you obtain a judgment against a person or company, they may not pay the debt that is owed either because they can't financially or are deliberately avoiding their debts.

That being said, a part payment of debt does not prevent you from recovering the remaining debt at a later stage and it's too late for him to offer a full and final settlement now because a court has already made a decision, he would have to appeal to have the amount ordered varied or quashed. And as far as I'm aware, even if he paid part of the judgment debt, the CCJ wouldn't be removed unless there is evidence to say the debt has been paid in full since that is what your entitled to. Even if you opted not to seek enforcement for the remaining outstanding debt, that CCJ will sit on his record for 6 years.

If he's threatening bankruptcy and there is a risk he may move out of the country, then the first instinct is to get as much as you can from him now, and consider recovering the rest at a later date. Do you know if he is still selling cars where you bought it from or maybe online perhaps on ebay?

[juju020]

Re: We just bought a car and it blew up within 3 weeks! Won't give me my money back!!

Hi ROb thank you its been hell but worth it!!
Court hearing was 2 weeks ago this Wednesday he was given 14 days. He's still selling cars but says he doesn't own them.

This is what he wants us to sign (email to me)

Dear xxxxxx
further our tel. conversation I would like to offer you as full and final settlement of the case Cxxxxxx sum of £800/ eight hundred pounds/ which will be transfer to bank account you provide Acc Number: xxxxxx: of . xxxxx As well a company cheque from xxxxxxx Ltd
with sum of £200 paid to you with date 30.04.2017. Could you email me back if you agree with that offer as full and final settlement please. The settlement will be live and valid after you agree with that offer and payment of £800 will made to your account please.

Yours Sincerely:
Mr. Xxxxx

Really don't know what to do??

- - - Updated - - -

Oh think he sells cars on eBay too...