Faulty Car - Consumer Rights Act

[Rhothgar]

Re: Faulty Car - Consumer Rights Act

Thanks des8.

For the avoidance of doubt, I would like to clarify. The trader is a slippery character. We did a land registry check and the house is in his wife's name.

Happened to end up watching, "Can't Pay! We'll take it away" last night and that gave me some hope for his situation because the HCE Officers were going to take possessions belonging to a lad's girlfriend because of a writ. They didn't in the end but it seems they can take anything belonging to anyone if that person cannot prove they are the owner so...

We believe he lives at the address I have found because I spoke to a relative of his and she said contact his wife on FaceBook. His VAT number (which I found online) is also registered to this address. So if I put all the information in the witness statement (because there is not enough space on the Particulars of Claim and I'd doubt that is the place to put it), would the court upon obtaining a judgment send officers around if the trader doesn't pay up.

Also, with current court workload, this case will probably not be heard until September / October if we file this week. I suppose the best thing that could happen is that he doesn't acknowledge service?

[ostell]

Re: Faulty Car - Consumer Rights Act

The court don't send officers round if no payment received, it's up to you to arrange it. Local court bailiffs or if a sufficiently high sum the High court lot, again on a recoverable fee.

[Rhothgar]

Re: Faulty Car - Consumer Rights Act

The court don't send officers round if no payment received, it's up to you to arrange it. Local court bailiffs or if a sufficiently high sum the High court lot, again on a recoverable fee.

I appreciate that Ostell. I think it costs £66 but that is up to my friend to decide once it gets that far. His main concern is that this guy is very slippery. Will it be worth it? I suppose one could argue that there is no certainty in life.

The other main point I was asking was whether or not he should get the car diagnosed and pay for that and have it repaired to get it on the road. In that case, if we have already filed court claim, can it simply be revised without cost? If not, how would you suggest going about suitable Particulars of Claim i.e. how can we keep it open to allow the judge to decide in either situation?

[des8]

Re: Faulty Car - Consumer Rights Act

IMO there is no point obtaining a third party opinion about the car.
The vehicle was rejected after the first thirty days as it was faulty.
THe trader should have recovered the vehicle and examined it.
It is for him to prove there was no fault when the vehicle was purchased.
Assuming it was faulty he has one chance to repair the vehicle.
As he has failed to take advantage of thatrequested repair, the claimant can now obtain a refund
CRA 2015 sec 24 (5) (attached below)

And he could have the car repaired, and then claiim a refund or damages from the trader (CRA 2015 sec 20)

But he needs to make up his mind as to which way to go before he starts court action (and I believe you have already issued an LBA?)

[Rhothgar]

Re: Faulty Car - Consumer Rights Act

IMO there is no point obtaining a third party opinion about the car.
The vehicle was rejected after the first thirty days as it was faulty.
THe trader should have recovered the vehicle and examined it.
It is for him to prove there was no fault when the vehicle was purchased.
Assuming it was faulty he has one chance to repair the vehicle.
As he has failed to take advantage of thatrequested repair, the claimant can now obtain a refund
CRA 2015 sec 24 (5) (attached below)

And he could have the car repaired, and then claiim a refund or damages from the trader (CRA 2015 sec 20)

But he needs to make up his mind as to which way to go before he starts court action (and I believe you have already issued an LBA?)

THat will be fun trying to get my friend to make up his mind. He's as indecisive as me!

Yes LBA was issued to the address from where he purchased the vehicle. As of 2 weeks ago i.e. about 2 weeks after the final letter, the original trader's signage was still up. I think I will get my friend to nip around and get a timestamped photo of that also.

As stated, the alleged new owner wrote to my friend and said he was the new owner and that the previous owner had left.

Technically, I shouldn't need to re-issue these letters to the trader's home addres should I?

Also, friend texted me the other day to say he noticed the trader and his wife are still together according to FaceBook even though he has not been registered at that home address for 5 years!

[des8]

Re: Faulty Car - Consumer Rights Act

Technically, I shouldn't need to re-issue these letters to the trader's home addres should I?

I certainly wouldn't bother!