small claims case?

[malimner]

Hi, I wold appreciate any help if hat is at all possible?

I will try to be brief...

Early August I purchased a car through HP.
After a day or so it broke (gearbox). The dealer suggested it went to a local garage for a new battery - this didnt work.
I requested it went to a main dealer; this was refused and i went to a local back street garage - one man band.
A month or more went by, nothing happened, no car - massive inconvenience, cancelled family holidays etc. (it was our family car).
After this the dealer brought down a car for us to use - a different type which we were unable to use for family /dogs - and only after the broker getting heavy with them.
I was asking for rejection - this was reused as he dealer had a chance to fix it.
After 4 months since purchase, the car was returned (although I out it in writing i was not 'accepting it').
Next day, same fault returned. I contacted the mechanic, he said (in writing) that the dealer was told it was NOT FIXED, and had to go to a main dealer to use their software to diagnose the fault.
Currently on drive way....
Dealer currently not playing and making the process very slow - the lender says rejection will happen and i will get my money back paid so far.
Assuming i get my money back...

this has caused a lot of stress, time chasing / making phone calls every few days since August, and the cost of having to make other arrangements for car to get child to school etc.

Is there any case for any kind of compensation, or would i be wasting my time? To m, there is clear incompetence from the dealer in choosing an unsuitable garage, and only doing so after a month or so of doing nothing (dealer went to Benidorm etc)..

any thoughts from those that know massively appreciated.

[R0b]

Hello

Any reason why you haven't contacted the finance company? They own the vehicle and are responsible for it, not the garage and by taking it to the local garage without knowledge of the finance company, could potentially invalidate any claim you might have.

I would suggest you get straight on to the finance company as it is them who you should be dealing with.

Anything to do with hire-purchase should be directed to the finance company because on a HP agreement, the dealer will sell the car to the finance company who in turn hires the car out to you.

[malimner]

Hi R0b I am indeed talking to the lender .they are discussing with the broker the best way forward .I believe that decision will be made tomorrow, as the dealer is not responding at all .
the decision to send it to a mechanic was the dealers not mine, and the broker then the lender have been updated throughout .

Any thoughts on a small claims case?

Thanks as always

[R0b]

All I can suggest at this stage is to make sure you document in writing and create a timeline of events of what has happened, retain all correspondence (preferably kept in writing) so that you can make your case in the best way possible.

Out of curiosity, did you pay any amount of the balance by credit card? If yes then you could also have a claim against the credit card company as they would be jointly liable with the finance co. Usually you have to complete their form to kickstart the process so if you are on the fringes of moving towards legal proceedings, you might want to get onto them straight away as it could take some weeks to respond.

You could also make your complaint to the Financial Ombudsman but that will of course delay matters if it a decision doesn't go your way.

As for your prospects, it sounds like you have a valid claim but do remember, the onus is on you to prove the car was faulty and there has been a reasonable period of time to either repair the car or lack of attempts to repair it. As the dealer suggested the battery was in issue but that repair failed, I think you would have satisfied the requirement of there having to be one attempt to repair the problem.

Just to clarify though, you have actually put in writing that you are rejecting the car and made it clear that is your intention?

Pending the decision tomorrow, your next steps is a letter before action and then drafting your claim to issue legal proceedings. I do have a template letter before action for a faulty car in my list of templates (see link in my signature) but it is generic so you would need to adapt it to suit your current situation. If you need feedback on it then post up a draft and one of us will comment.

Just in case I'm not around, I'm going to tag a few people who may be able to assist - des8 jaguarsuk ostell Amethyst

[malimner]

Thanks so much.
i have kicked myself for not paying anything by cc .
I put it in writing a while ago, so that is covered .I any ask for all the info, calls etc the broker has, that would be good evidence of me pleading for a rejection too .
Plus texts etc from the mechanic .
Thanks R0b

[R0b]

Well based on what you've said, I would say you have a reasonable prospect of wining your case.

FYI where the total amount is over £100 and you pay any sum by credit card, then your credit card provider is jointly liable (section 75 consumer credit act) for any breach of contract or misrepresentation - though they would be entitled to the same defences that the trader might have. Always best to protect yourself by either paying the amount in full by credit card or even a small deposit as little as £10, you'd still be covered for that transaction.

Keep us updated.

[malimner]

thanks, will do. To confirm, my query was about a small claims case for compensation due to stress / negligence etc. - I am onfident the actual money paid has to be refunded