Help with court paperwork taking Car Dealer to court! Trading Standards not helping!

[Jdmw]

Help!

I will try and give you a brief summary..

We bought a Toyota car on 30 November 2016 from a small used car dealer for £6,300 and within 24 hours there were engine fault lights and the car dealer advised to take it to a mechanic they used for the MOT, checks etc which we did. The mechanic said he replaced the thermostat.

On 26 December 2016 the engine was again overheating, we notified the dealer. On 12 January 2017 an independent Toyota dealer confirmed the head gasket had failed, and the car needed the engine replacing, as the fault could not be fixed by repairing the head gasket.

We agreed for the dealer to replace the engine on 16 January 2017 and they took the car for repair which they advised would take 10 days and they provided a hire car. They told us they had sourced an 2013 engine from Scotland and would be replacing the engine using a local firm.

They did not return the car until 24 March 2017 until I said i wanted the money back as they kept giving different explanations why the car was not ready for collection.

The engine fault light returned again within a day or so.

On 6 April 2017 Toyota confirmed ongoing engine faults and we notified the dealer and requested our money back as the repair had failed. The dealer refused and requested to inspect the vehicle themselves. We informed Trading Standards at this point.

On 8 May 2017 after further problems with car, Toyota inspected the engine again and confirmed that the engine had in fact never been replaced! They confirmed that the head gasket has failed again.

We informed Trading Standards of the above, we have in writing from the dealer that the dealer had replaced the engine and that we considered that a criminal offence has been committed of fraud.

Trading Standards have not inspected the car and have said that the dealer has the right to inspect the car themselves and we should return the car to the dealer for them to do so despite the fact we have evidence that they have lied to us and Trading Standards and we have written documents to prove this!

I understand that under the CRA 2015 we have the right to a full refund if the repair has failed.

Currently the dealer is refusing to give any refund until they have inspected the car themselves.

They have suggested that we drove the car with a faulty head gasket and implied that all is this is our fault!

In these circumstances I do not trust them with our car at all as I believe that they have repeatedly lied to us and now we have confirmation that in fact the engine has never been replaced.

I reported the dealer to the AA who endorse the dealer under 'AA dealer promise.' They have told the AA a different account now in that they sent our engine to Scotland to be repaired and that is why it remains in the car! This is again a different version to what they told us and Trading Standards!

I understand that it is likely that I need to apply to the court to get our full money back for the car.

Please can someone advise whether the car dealer can insist on them inspecting the car by a garage of their choosing? I do not trust them and do not want to hand over the car to them.

The car has been independently inspected by Toyota on three separate occasions, each time confirming engine faults and twice confirming that the head gasket has failed.

Please can someone advise whether I should make a court application now?

The court fee is £410 and I need some help with what to put in the POC.

Any assistance someone could give me would be greatly appreciated.

Thank you!

[ostell]

Re: Help with court paperwork taking Car Dealer to court! Trading Standards not helpi

You need to write a letter before claim stating what you require them to do. Under the CRA they get one shot at repairing, which they have had so you are now rejecting the car as it is not of merchantable quality. You require them to pick up the car and give a full refund of all money paid within 14 days. If they do not agree then a claim will be raised within 21 days.

Send that off and see what comes back. Others will be along to help.

The POC will be simply a claim under the CRA for the reject of good.

[Jdmw]

Re: Help with court paperwork taking Car Dealer to court! Trading Standards not helpi

Thank you for your reply. Is there a letter before action/claim template that I can use?

I've looked on this site but can't seem to find one.

[des8]

Re: Help with court paperwork taking Car Dealer to court! Trading Standards not helpi

An LBA is quite simple.

You write referring to the purchase of vehicle, make 7 modelReg No. for £6300 on dd/mm/yy.
Contrary to the requirements of Consumer Protection Act 2015 the vehicle was unsatisfactory, not fit for purpose (and not as described? did they say it was a good runner or why?)

You gave them an opportunity to repair the vehicle, although this was not necessary.
The repairs took longer than was reasonable, and were not successful.

Therefore under the rights bestowed by the CRA 2015 you are rejecting the vehicle and require a full refund within 14 days.
The refund should be in the same manner as your payment.

They must arrange collection of the vehicle at their own expense.

Failure to comply and you will initiate court action without further reference to themselves.


How did you pay for the vehicle, finance, credit card or cash?
There may be other routes to recovering your cash.

[Jdmw]

Re: Help with court paperwork taking Car Dealer to court! Trading Standards not helpi

My partner and I paid for half the car each via our debit card and have separate receipts confirming this.

I am aware of the chargeback scheme but not sure whether I should delay issuing court proceedings to try this way of getting our money back?

The dealer has been insisting that he inspect the car himself before considering any refund.

Due to what has happened I do not trust the dealer, he will not tell us who he intends to inspect the car and when. He wants us to give the keys to a random car hire company!

I have only found out today that he has no legal right to do this..the car has been inspected three times by an independent garage.

We have not been driving the car as it is unsafe to drive..we both need a car for work and this dealer has caused so much stress, additional costs in trying to get to work etc

And the dealer has been consistently dishonest with us since they took the car for repair that we have no trust or confidence by handing over the keys to him.

Trading Standards initially said that we were being unreasonable by wanting to know who was going to inspect the car and when!

They told us that the court would also consider us to be unreasonable too

[des8]

Re: Help with court paperwork taking Car Dealer to court! Trading Standards not helpi

As you have incurred extra costs you can claim these as damages from the dealer, so add them to your letter before claim.

As you rejected the car within the first thirty days of purchase (the time the car was with the repairers does not count) you have to prove the faults existed at the time of purchase.
If you reject within the next 5 months it is held that the faults were present when the car was purchased.

Obviously any dealer would want to examine a car that was being rejected as faulty.
If he decides it is not faulty and refuses a refund, you initiate court action.
In your case you have had an independent report (you did get it in writing?) which will help your claim.
The fact he examines it, does not mean he can repair it and refuse your refund.

You have given him two weeks in which to make a refund and collect the car.
You cannot realistically expect the refund, and retain the vehicle.
He has 2 weeks in which to collect, and 2 weeks in which to refund.


As you and your partner paid jointly for the vehicle your letter and claim will need to be in joint names.

[Jdmw]

Re: Help with court paperwork taking Car Dealer to court! Trading Standards not helpi

As you have incurred extra costs you can claim these as damages from the dealer, so add them to your letter before claim.

As you rejected the car within the first thirty days of purchase (the time the car was with the repairers does not count) you have to prove the faults existed at the time of purchase.
If you reject within the next 5 months it is held that the faults were present when the car was purchased.

Obviously any dealer would want to examine a car that was being rejected as faulty.
If he decides it is not faulty and refuses a refund, you initiate court action.
In your case you have had an independent report (you did get it in writing?) which will help your claim.
The fact he examines it, does not mean he can repair it and refuse your refund.

You have given him two weeks in which to make a refund and collect the car.
You cannot realistically expect the refund, and retain the vehicle.
He has 2 weeks in which to collect, and 2 weeks in which to refund.


As you and your partner paid jointly for the vehicle your letter and claim will need to be in joint names.

Yes we have the findings by the Independent garage in writing on three separate occasions when they have inspected the car.

This includes a video of the head gasket failure. I have sent the car dealer via email every inspection finding so they have it in writing, as do Trading Standards.

We initially agreed to them repairing the car. We have only recently said we are rejecting the car as the repair has failed and we found out they never replaced the engine.

We also have the inspection findings confirming that the dealer never replaced the engine and they told us verbally and in writing that they had done so..

[des8]

Re: Help with court paperwork taking Car Dealer to court! Trading Standards not helpi

Yes we have the findings by the Independent garage in writing on three separate occasions when they have inspected the car.

This includes a video of the head gasket failure. I have sent the car dealer via email every inspection finding so they have it in writing, as do Trading Standards.

We initially agreed to them repairing the car. We have only recently said we are rejecting the car as the repair has failed and we found out they never replaced the engine.
I haven't worked out the times taking into a/c the time the vehicle was in for repair, but if you are outside the 30 day short term right to reject just omit "although this was not necessary"
from your LBA.

We also have the inspection findings confirming that the dealer never replaced the engine and they told us verbally and in writing that they had done so..

So send LBA!

[ostell]

Re: Help with court paperwork taking Car Dealer to court! Trading Standards not helpi

Although it's been mentioned already don't forget to add your additional costs because of the defaults in the car, like the inspections.

[Jdmw]

Help with court paperwork taking Car Dealer to court! UPDATE

So I sent the letter before claim via recorded delivery on 27 May 2017 giving 14 days for the dealer to respond.

The dealer signed for this on 31 May 2017.

The dealer has ignored this letter and not contacted us at all.

Do I need to wait any longer to make the application to court?

Is 18 calendar days long enough to wait?

Thank you in advance.

[des8]

Re: Help with court paperwork taking Car Dealer to court! Trading Standards not helpi

You are clear for take off!

If you need any help drafting the claim, just shout.

[Jdmw]

Re: Help with court paperwork taking Car Dealer to court! Trading Standards not helpi

Thank you so much. I'm just drafting PoC and will post on here for feedback.

[Jdmw]

Re: Help with court paperwork taking Car Dealer to court! Trading Standards not helpi

Here is my draft PoC. Do I need to refer to each sub section of the CCA 2015?

Letter before claim was sent 27 May 2017

Particulars of claim:

At the material time the defendant was XXXXXX trading as XXXXXXXX, a sole trader.
On 30. 11. 2016 the claimant purchased a car Toyota XXXXX from the defendant for £6283.
The goods were not fit for purpose, nor of satisfactory quality, contrary to the Consumer Rights Act 2015 section
On 12 January 2017 we discovered that the vehicle was not of satisfactory quality as the head gasket had failed, requiring a replacement engine. This was confirmed by an independent inspection by XXXXX
On 16 January 2017 we agreed for XXXXX to repair the car under CRA 2015 section:
The car was not returned to us until Friday 24 March 2017. The repairs took longer than was reasonable, and were not successful.
From 24 March 2017 the car immediately showed engine fault lights and on 6 April 2017 the car was inspected again by XXXXXXXXX who advised numerous engine faults were showing
On 6 April 2017 we asked XXXXXXXX for a full refund of just under £6,283 within 14 days via email and we informed that we were rejecting the car as it is unfit for purpose. The Consumer Rights Act 2015 states in section 24(5)(a)) that if the attempt at a repair or replacement is unsuccessful, then the customer has a right to a refund.
On 8 May 2017, the car was inspected again by XXXXXXX. They said that the original engine remains in the car and has not been rebuilt/replaced as XXXXXX had stated. XXXXXX advised that the head gasket had failed.
On 27 May 2017 we sent XXXXXXX a Letter before Claim. This letter has been ignored and the dealer has not responded to any emails/letters since 6 May 2017.

The defendant has ignored the notices of rejection.
Accordingly the claimant claims
(a)the sum of £6283
(b) additional costs of £ ?? Road Tax /Car insurance/Taxi fares
(c)court costs
(d) Interest pursuant to section 69 County Courts Act at such rate and for such periods as the court deems just.
XXXXXXXX have been reported to Trading Standards who are continuing to investigate whether the trader has committed a criminal offence.
It is a criminal offence to sell a vehicle in a dangerous condition RTA 1988 c. 52PartII sec 75 & RTA 1991 c. 40 Part1 Section 16
XXXXXXXX has refused to comply with the Practice Direction on pre-action conduct under the Civil Procedure Rules.

Any advice on wording would be much appreciated.

[R0b]

Re: Help with court paperwork taking Car Dealer to court! Trading Standards not helpi

Are you proposing to put that in the box on MCOL or are you drafting them separately?

[Jdmw]

Re: Help with court paperwork taking Car Dealer to court! Trading Standards not helpi

Never done this before so no idea really!

What is best to do?