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Car Court Claim

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  • Car Court Claim

    Hi,
    I'm just wondering if anyone has got any experience in successfully claiming money back for a miss sold vehicle?
    Ill cut the long story short, I bought a vehicle for £16,500. The day I got home it started leaking oil, they collected the car from me and attempted to fix it. A week later I travelled 3 hours back to them to pick it back up, on the way home it started saying there was no coolant in the car, further inspection it turns out they emptied the coolant and filled it with plain water so the sensor thought it was empty. I phoned them back up and asked them to pay a garage near me to fix it, they wouldn't and hung up on me. Since then its gone down hill fast! Fast forward 6 months I found out the car was involved in a flood and written off. When I bought the car I was told it was a write off vehicle because it was stolen recovered, it even said on the advert that it has never been involved in an accident. I still have all the screen shots of they're adverts. Because I found out it was involved in a flood I booked it in with a main dealer to have a look over it, they found a lot of problems including 2 oil leaks, a bypassed fuse with copper wire and bent brake lines. I phoned the garage back up and asked to return the vehicle as it wasn't the vehicle I was sold and faulty. He refused and again hung up. I sent them 3 letters with no reply. So i started a money claim online for the full price of the vehicle, however the only problem is I have done 9000 miles since I bought it. Now the dealer is willing to buy it back, but for nearly £4000 less than what I bought it for 6 months ago. Has anyone got similar experience going to court over a issue or have any idea how much a Judge would deduct for mileage etc? Thank you!
    Tags: None

  • #2
    So you can reject up to 6 months later and the onus is on the dealer to show there was not a defect. He is allowed one attempt to fix, which you have given him. How long is the "6 months" precisely? There will be a reduction in price for the use you have had but you can claim for other expenses and it is up to him to pick up.

    Consumer Rights Act 2015.

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    • #3
      It was 6 months and 19 days i believe when I first asked to reject the vehicle but he declined. Do you know what the reduction in price will more than likely be? Thank you for your help

      Comment


      • #4
        Did your particulars of claim rely on Consumer Rights act or Misrepresentation Act?

        Under CRA a claim within 6 months and it is deemed the vehicle was unsatisfactory when purchased
        That 6 months does not include the time the dealer had it back for repairs.
        Also it was not returned in a satisfactory condition (coolant problem) so perhaps the 6 months is still running
        You are entitled to a full refund less an amount for usage which is normally calculated at between 10 to 15 p per mile.

        After the 6 month period the consumer needs to prove the vehicle was unsatisfactory when purchased

        Comment


        • #5
          My claim was regarding consumer rights act, unfortunately I did not mention misrepresentation act. However I am currently writing a letter to the court as they asked for a brief description so I could include it now.

          the problem is when the vehicle was returned a week later, and he refused to do anything with the coolant nothing was said until 6 months later when I found out it was flood damaged and not stolen recovered like he said. I had the coolant issue fixed myself and continued using the vehicle as I wasn’t aware of the dangerous repairs and it’s history. I do believe I could prove that the vehicle was unsatisfactory when purchased as I have all the conversations with the dealership and proof I sent them videos of the oil leak a day after I bought it!

          Comment


          • #6
            When you returned the vehicle because it was unsatisfactory (oil leak) you agreed the dealer could bring the vehicle to a satisfactory condition.
            This means satisfactory overall, not just stop the oil leak.
            From the reports you have received it appears the vehicle was not returned in a satisfactory condition

            good luck with the claim, and don't forget the usage charge (if applied) should not exceed 15p per mile

            Comment

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            SHORTCUTS


            First Steps
            Check dates
            Income/Expenditure
            Acknowledge Claim
            CCA Request
            CPR 31.14 Request
            Subject Access Request Letter
            Example Defence
            Set Aside Application
            Directions Questionnaire



            If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





            NOTE: If you receive a court claim note these dates in your calendar ...
            Acknowledge Claim - within 14 days from Service

            Defend Claim - within 28 days from Service (IF you acknowledged in time)

            If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




            We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
            If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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