Bit of an overview of my situation,
Recently purchased a used vehicle from a dealer (2009 Mileage: 85k) for £2600. Vehicle had a short MOT we've agreed I'll take as it is but dealer would pay for repairs and MOT if fails.
Vehicle has an independent inspection and several faults found for which the vehicle would fail. (pre-mot)
I contact the dealer - dealer says to bring the vehicle back for repairs and suggests they'll put it through an MOT.
I bring the vehicle back to the dealer, and leave it to them to take care of.
When I left I checked the MOT status and found they've put it through an MOT and vehicle only failed for minor issues , (brakes, parking brake) none of the other issues were listed.
Week later I come to collect the vehicle and question the dealer whether the faults I've listed were repaired. Dealer simply told me MOT in my area is more strict.
Within couple of days I arrange another inspection to be carried out, this time I went with a respected car dealership group that specialise in these vehicles to get a second opinion.
Turns out dealer hasn't done any repairs just simply MOT'd the vehicle as this was in their best interest.
Following faults were found: (got a full report and a video)
Rear shock absorbers (both)
Rear bump stops (both)
Nearside front (cut) Offside front and offside rear need require immediate attention
Front tyres different sizes (Illegal)
Wipers smearing (dangerous)
Wishbones front (both) although I do not have this on paper
These repairs alone would cost me excess of £600.
In current condition the vehicle is not roadworthy , unsafe and would not have passed MOT.
Of course I get in touch with the dealer and sent my 30 day rejection letter along with report & video as evidence. (had the vehicle about 3 weeks at this point)
Quoting The Consumer Rights Act 2015 and under what grounds I am rejecting the vehicle.I have also informed the dealer I will be taking legal action if I don't receive full amount within 14 days allowed.
Dealer assured me he'll be very awkward and will take his time if I decide to reject the vehicle.
This would explain why dealer (director) keeps resigning and starting new company under different name as previous companies had a lot of negative feedback.
Dealer has acknowledged my letter and stated to leave it with him. (we communicate via whatsapp)
Its also worth to mention that I've paid extra for a 6 month warranty which I never received, I messaged the dealer, couple of times message marked as read but no reply, so I assume the vehicle is not under warranty as agreed. ( I have this written on invoice vehicles comes with 6 months warranty )
I have tried to resolve this matter without going to court, it has now been over 2 weeks and had no response so I am forced to take legal action.
I am fairly familiar with MCOL but need advise with particulars of claim section.
1. Any particular format this needs to be written in ? headings , bullet points, numbered, font size. I assume this part needs to be as detailed as possible giving an overview of the situation.
2.At what point do I attach the evidence? , videos, reports , messages (does that come at later stage?)
3. I need some clarification on this " Do you want to reserve the right to claim interest under the County Court Act? If yes please select 'yes' and complete the following fields. If you wish to claim interest under any other act or agreement please select 'no' and enter the full details of your interest agreement in the box below." (Please advise what would be more beneficial in my situation)
4. Amount claimed: XX I am claiming for £2600 as this is just the value I paid for the vehicle however I'd like court fees to be included as well as £500 for the inconvenience if I do win. Does that part come in the statement or in the amount claimed ?
Advice and help is highly appreciated.
Recently purchased a used vehicle from a dealer (2009 Mileage: 85k) for £2600. Vehicle had a short MOT we've agreed I'll take as it is but dealer would pay for repairs and MOT if fails.
Vehicle has an independent inspection and several faults found for which the vehicle would fail. (pre-mot)
I contact the dealer - dealer says to bring the vehicle back for repairs and suggests they'll put it through an MOT.
I bring the vehicle back to the dealer, and leave it to them to take care of.
When I left I checked the MOT status and found they've put it through an MOT and vehicle only failed for minor issues , (brakes, parking brake) none of the other issues were listed.
Week later I come to collect the vehicle and question the dealer whether the faults I've listed were repaired. Dealer simply told me MOT in my area is more strict.
Within couple of days I arrange another inspection to be carried out, this time I went with a respected car dealership group that specialise in these vehicles to get a second opinion.
Turns out dealer hasn't done any repairs just simply MOT'd the vehicle as this was in their best interest.
Following faults were found: (got a full report and a video)
Rear shock absorbers (both)
Rear bump stops (both)
Nearside front (cut) Offside front and offside rear need require immediate attention
Front tyres different sizes (Illegal)
Wipers smearing (dangerous)
Wishbones front (both) although I do not have this on paper
These repairs alone would cost me excess of £600.
In current condition the vehicle is not roadworthy , unsafe and would not have passed MOT.
Of course I get in touch with the dealer and sent my 30 day rejection letter along with report & video as evidence. (had the vehicle about 3 weeks at this point)
Quoting The Consumer Rights Act 2015 and under what grounds I am rejecting the vehicle.I have also informed the dealer I will be taking legal action if I don't receive full amount within 14 days allowed.
Dealer assured me he'll be very awkward and will take his time if I decide to reject the vehicle.
This would explain why dealer (director) keeps resigning and starting new company under different name as previous companies had a lot of negative feedback.
Dealer has acknowledged my letter and stated to leave it with him. (we communicate via whatsapp)
Its also worth to mention that I've paid extra for a 6 month warranty which I never received, I messaged the dealer, couple of times message marked as read but no reply, so I assume the vehicle is not under warranty as agreed. ( I have this written on invoice vehicles comes with 6 months warranty )
I have tried to resolve this matter without going to court, it has now been over 2 weeks and had no response so I am forced to take legal action.
I am fairly familiar with MCOL but need advise with particulars of claim section.
1. Any particular format this needs to be written in ? headings , bullet points, numbered, font size. I assume this part needs to be as detailed as possible giving an overview of the situation.
2.At what point do I attach the evidence? , videos, reports , messages (does that come at later stage?)
3. I need some clarification on this " Do you want to reserve the right to claim interest under the County Court Act? If yes please select 'yes' and complete the following fields. If you wish to claim interest under any other act or agreement please select 'no' and enter the full details of your interest agreement in the box below." (Please advise what would be more beneficial in my situation)
4. Amount claimed: XX I am claiming for £2600 as this is just the value I paid for the vehicle however I'd like court fees to be included as well as £500 for the inconvenience if I do win. Does that part come in the statement or in the amount claimed ?
Advice and help is highly appreciated.
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