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Advice on County Court claim application-Second hand car not fit for purpose
Today, 10:37:AM
Hi
Would someone check to see if this all sounds right to put in to the court particularly number 8. If anyone can suggest better wording that would be so helpful too
Thank you
Brief details of the claim
The Claimant purchased a vehicle, a XXXX from the Defendant on XXXXX for the sum of £8,499. The Claimant is alleging that the vehicle is in breach of their statutory rights under the Consumer Rights Act 2015. Specifically, the vehicle is not of satisfactory quality, as it has developed numerous faults with the oil pressure, resulting in frequent breakdowns and a loss of power. The Defendant has attempted to have the vehicle repaired on two occasions, but the problem persists, rendering the vehicle unusable. The Claimant is seeking a refund of the purchase price in accordance with their rights under the Consumer Rights Act 2015."
Particulars
(a) the sum of £8499.00
(b) court costs of £455
(c) interest pursuant to section 69 County Courts Act at such rate and for such periods as the court deems just.
10. The Claimant reserves the right to amend or add to these particulars of claim as further evidence becomes available.
Today, 10:37:AM
Hi
Would someone check to see if this all sounds right to put in to the court particularly number 8. If anyone can suggest better wording that would be so helpful too
Thank you
Brief details of the claim
The Claimant purchased a vehicle, a XXXX from the Defendant on XXXXX for the sum of £8,499. The Claimant is alleging that the vehicle is in breach of their statutory rights under the Consumer Rights Act 2015. Specifically, the vehicle is not of satisfactory quality, as it has developed numerous faults with the oil pressure, resulting in frequent breakdowns and a loss of power. The Defendant has attempted to have the vehicle repaired on two occasions, but the problem persists, rendering the vehicle unusable. The Claimant is seeking a refund of the purchase price in accordance with their rights under the Consumer Rights Act 2015."
Particulars
- The Claimant purchased a vehicle XXXXXX, registration XXXXX, from the Defendant, XXXXXX, on 15th May 2022 for the sum of £8499.00
- At the time of purchase, the Defendant represented that the car was of satisfactory quality and fit for its purpose.
- However, since the 16th May 2022, the day after the purchase, the car has been found to have numerous faults, including a faulty oil sensor, engine oil pressure issues and a faulty oil pump, which have rendered it unfit for purpose and not of satisfactory quality.
- The Claimant notified the Defendant of the faults on 16th May 2022 and 27th June requesting a repair of the car as per their statutory rights under the Consumer Rights Act 2015.
- Following a further breakdown on the 14th November 2022 with similar oil pressure issues and then a subsequent two month delay in the return of the car, on the 9th January 2023 the Claimant requested a refund of the price paid for the car and its return to the Defendant.
- Despite several attempts by the Claimant to resolve this matter amicably, including an agreement by the Claimant on a reduction of the refund amount due to mileage, the Defendant has continued to decline the request for rejection and refund.
- The Claimant has complied with all pre-action protocols and has attempted to settle the matter outside of court, but to no avail.
- The Claimant therefore brings this claim against the Defendant in accordance with the Civil Procedure Rules, seeking a remedy for the Defendant's breach of contract and statutory obligations under the Consumer Rights Act 2015.
- Accordingly the claimant claims
(a) the sum of £8499.00
(b) court costs of £455
(c) interest pursuant to section 69 County Courts Act at such rate and for such periods as the court deems just.
10. The Claimant reserves the right to amend or add to these particulars of claim as further evidence becomes available.
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