Car purchased not as described / not satisfactory / not fit for purpose

[des8]

If the goods are proved to be unsatisfactory (taking into price paid/age/description etc) within the 6 month period they are deemed to have been unsatisfactory when delivered.

Start preparing your claim now and file it on 17/04.
On the same date advise L4U that a claim has been issued as their response was inadequate

[Stewjitsu72]

Okay, DES8 ..... will do. Thanks again, much appreciated.

[Stewjitsu72]

Claim has been filed today. The defendant has until 4pm on 10 May 2021 to respond. They can request an extra 14 days if they need it. I'll post again when I know more.

[Stewjitsu72]

Quick question .... Should the particulars of the claim be exactly the same as the particulars in the letter before action?

I have removed the claim for a fault that occured after 6 months purely because I think it will be difficult for me to prove that it was present at the point of sale. I have also removed my claim for my personal time and inconvenience in arranging and carrying out repairs.

Also, in my letter before action I was claiming for 47% of the cost of a refurbished gearbox and it has just dawned on me that I've claimed for the full amount in my MCOL application.

[des8]

Your PoC should have read something like:

At the material time the defendant was J bloggs t/a xxxx, a trader, and the claimant a consumer
On dd.mm.yyyy the claimant purchased a vehicle Make & model Reg No xx 00 abc from
the defendant for £xxxx
The Defendant was in breach of contract as the goods were not of satisfactory quality contrary to the Consumer Rights Act 2015
The defendant ignored requests that the vehicle be repaired to a satisfactory condition to conform to the contract
Accordingly the claimant claims
(a)the sum of £xxxxxx
(b) court costs
(c) Interest pursuant to section 69 County Courts Act at such rate and for such periods as the court deems just.

What did you actually write?

[Stewjitsu72]

It wasn't quite as brief as your example above but it did contain all the relevant info that you have included.

I did the claim online so filled out all the individual costs of each repair individually. The refurb gearbox was £858.

I had asked for the full cost from the defendant immediately after the repair, which was denied on the basis that I had acted unilaterally.

Reason for asking for 47% in my letter before action was because I reasonably expect the car to last 150000 miles but gearbox needed replacing at 73000. 47% of 150000 is 73000. Daft I know but I thought I was being gracious.

[des8]

Don't worry about it, what's done is done and it is better (from your point of view) to over state as the figure can always be used as a bargaining chip if you go to mediation

[Stewjitsu72]

That's a relief, I thought I had really screwed up. Thank you so much.

[Stewjitsu72]

Received an email from HM Courts today, dealer has requested the extra 14 days to submit their response to the claim so deadline is now 4pm on 24th May 2021.

[DE DOGS]

Don't want to hack your problem but this is our experience. Our car was in a write-off hit from behind. Desperate to replace the car. So no more Diesel, find a car and add £1,000 to buy it, new MOT that was a false one, as bald tyres (2), Fit new tyres. N/S indicator not working (Fail MOT) I fix that. Timing chain fails, Replacement engine, cost to fit replacement engine £1,250, won't say how much engine cost as I will go in a dark room for the rest of the day. find out that the wheels are not as supplied with the car, so £300 for wheels, £60 to swop tyres. Best of all the ignition key gives up the ghost car of to main agents, it needs a new steering lock as well The bill for that £790. They advised that the steering collum needs replacing, cost just over £800, I bought one from E Bay £40. local chap fitted it for £100. Next the starter motor Euro Parts £80.odd have it fitted £98.

[Stewjitsu72]

DE DOGS ....... I think we had it easy compared to your experience. That sounds truly awful. What are you planning to do about it?

[DE DOGS]

DE DOGS ....... I think we had it easy compared to your experience. That sounds truly awful. What are you planning to do about it?

Bought from a dealer desperate, to get mobile, no chance of recovering any money, so just keep up with maintenance, like you a cash cow, the only way to recover is to keep driving it, I wish had never seen it, may I wish you all the best in your case, trying to get money back from a dealer is like trying to hold onto a mermaid. Take care.

[Stewjitsu72]

Just a quick update.

Deadline for defendant response has passed (yesterday, 4pm) and no response has been received.

Logged on to MCOL yesterday at 17:45 and submitted a request for judgement by default.

It will be around working 10 days before I know if the request has been accepted.

There’s always the possibility that the defendant has sent a response by post and it has yet to be processed. If that is the case then I guess the request for judgement will be rejected.

[DE DOGS]

Just a quick update.

Deadline for defendant response has passed (yesterday, 4pm) and no response has been received.

Logged on to MCOL yesterday at 17:45 and submitted a request for judgement by default.

It will be around working 10 days before I know if the request has been accepted.

There’s always the possibility that the defendant has sent a response by post and it has yet to be processed. If that is the case then I guess the request for judgement will be rejected.

Hi if you have no offer of payment try DCBL Sheriffs I had a problem trying to get our money for over a year employed this company paid in ten days.

[des8]

I wouldn't bank on getting a response within 10 days.
There is a huge backlog in t5he court system, and my daughter waited nearly 4 weeks before confirmation of a default judgment