31 days to return a faulty vehicle

[diecastdave]

Hi members. I gave a trader 31 days to refund £5,000 cash paid for a car plus £99 extended warranty paid for my Brother. it was delivered that night. I parked it up & found the brakes or what sounded was the brake pads grinding. The car was sent back. I received it 2 or 3 days later. The problem was still there. The car was sent back. Days later it was returned. An email states that the M.O.T. garage never found the fault on both occasions so they themselves had a look back at their garage & found the plate behind the disc was the problem. They admitted they didn't do anything the 1st time.
The car was returned but was driven up from leicester to Nottingham 29 miles distance.
When the driver left in a following car, I went to move the car from blocking neighbours. As soon as the engine started there was a noise. I thought no more about it but 3 days later, it got worse. I sent a video of the car to the company but got no reply. I had an inspection done & the result was a stretched chain. I gave the garage staff 2 days to collect the car and a further 1 day to refund £5099 in full. I had no reply until today when the 3 days were up. Coincidence?
I've been offered £4800 Being told £99 is to recover the cost of the pads & discs. Another £200 deducted for mileage usage at 45p per mile but, calculations show the sum is £124.35p
The way the email is written purports to me being blamed for the faults. I was told there is no discussion over this offer but I beg to differ. Am I correct or do I just take the £4800 and run?

All replies welcomed

[Pezza54]

In my opinion you should take the £4800. A bird in the hand is worth two in the bush
You could consider making a court claim for £299, provided you don't agree to £4.8k being the full and final settlement
Try arguing over the mileage deduction first. If you succeed the £299 loss will be reduced

[diecastdave]

Good morning members

Some of you may remember a post I put a trader offered less then I paid for a car. The case in now in it's final stage in the county court against the trader. He wants me to be held in contempt of court saying I made a statement knowing it to be false. My statement is 100% true. We exchanged documents. He is using another customer document alleging I requested REAR brakes on customer request but that document was dated March 2024. I bought the car in JUNE 2024. Another document showed a check was allegedly carried out but there was no signature or date on the document. Another document shows that "as a gesture of good will" the FRONT brakes and discs were changed. That is correct.
I had to sign an agreement that I accepted the £4800 before the trader would take the car back. There was no alternative. I accept the £4800 or the trader will refuse to take the car back.
I was told the £4800 was "the final offer" There was no offer before this. You can't go to a final football match until you have played games before that.
The trader enclosed an image showing me & my twin Brother and says the image shows me thoroughly reading the document before signing the agreement. The document being read is extracts from the CRA 2015 & it was being read by my twin Brother. I went into detail to prove this. An image cannot show how long the CRA 2015 is being read for as the image is a camera still. To prove how long the CRA 2015 was being read for, has to be a video recording showing a date & time stamp.
The CRA 2015 document is WHITE & shows a crease at the top of the page suggesting there is at least 2 pages. The agreement is GREY and is one page. When I requested a video recording saying the video will show that I was wearing my work uniform & my Brother was wearing casual clothes. The trader replied saying he only has the image. He knows I've rumbled him. I told him should be held for contempt of court for perjury then I asked him "do you still want me held on contempt of court Mr Sadiq"
I had no reply. I can't believe he is still defending this. I'll keep you all updated on this.

[Pezza54]

Am I right in thinking you accepted the offer of £4800 (and banked the money) then started a court claim for £299?
You stated the claim is at the final stages in court. Have you exchanged witness statements and received a date for the final hearing?

[diecastdave]

Am I right in thinking you accepted the offer of £4800 (and banked the money) then started a court claim for £299?
You stated the claim is at the final stages in court. Have you exchanged witness statements and received a date for the final hearing?

I had no choice but to accept the offer because the contract the car will be taken back until the agreement is signed. It was signed under distress. When he was quoted the CRA 2015 he totally ignored it.
Witness statements have been exchanged and the court date is 6th March hearing on paper so neither party need to attend. I have solid proof shown in his statements written and photographed that the trader has lied and also perjured himself and his company.

[diecastdave]

I had no choice but to accept the offer because the contract the car will be taken back until the agreement is signed. It was signed under distress. When he was quoted the CRA 2015 he totally ignored it.
Witness statements have been exchanged and the court date is 6th March hearing on paper so neither party need to attend. I have solid proof shown in his statements written and photographed that the trader has lied and also perjured himself and his company.

The contract STATES the car will NOT be taken back until the contract/agreement is signed.

[Pezza54]

If you are not attending the hearing there is nothing I can say that will change the outcome

You are welcome to post again under this thread with the judge's decision