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Court claim against car trader, please help

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  • Court claim against car trader, please help

    So, I bought a 2019 Ford Courier van off a trader via Facebook Marketplace at the end of June, and now just over three months later the engine has failed. The garage has said the oil was thick and jelly like and the bottom end has failed. They’ve quoted me £8.5k for a new engine which is only £700 less than I paid for the van. The van had less than 40k miles on the clock.

    I’ve quoted the Consumer rights act to the trader, but he is refusing to repair or replacement, has given me a bunch of excuses saying it wasn’t under warranty etc, and has now stopped replying.

    I’ve sent him an ‘official complaint’, and spoken to the Motor Ombudsman but he is not accredited so they can’t help.

    I think my only other option is to take him to court… I obviously think I have a strong case, does it sound like it?

    * I assume I’ll need to get an engineers report on the van?
    * would I need to send a letter before action if I’ve sent a complaint and spoken to the ombudsman? They’re not going to reply I don’t think (the trader).
    * I can get a 2nd hand engine and get it fitted for around £3k, do I sue them for this amount? Even though I think I’m probably entitled to sue for the £8.5k the garage have quoted me? But by doing this with other fees on top it would end up being more than I paid for the van.
    * The trader is saying i didn’t get the van from his business now, even though I have screenshots of him telling me his business name etc. but I paid a bank transfer into his personal bank account. So do I sue him or his limited company?

    it’s all so stressful and confusing. I’m without a work vehicle, and I feel sick that this has happened, and the scam trader thinks he can get away with it.

    any help would be greatly appreciated.
    Tags: None

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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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