Bought a faulty car. Small claims court?

[PussInBoots]

Hi All!
I'm new to this forum and looking at the past posts, wondering if you can assist. (sorry for the long post).


I purchased a car from small dealer in September for £9500, 56,6k miles. (traded-in my non-ulez car and some cash). Pre-purchase I only noticed the steering wheel was misaligned by 30% angle, which they said would fix before sale. Dealer is not part of any association. Advertises in Auto trader.

The day after purchasing car, the car was misfiring and also jerking. The 'engine Malfunction light' also appeared. Told the dealer who said their partner Garage will fix it. same week, garage reset the light and stated that it most likely was due to the cam belt being new.

The fault remained, jerking back and forth, also rattling sounds at the front, with the engine light re-appearing.
2 weeks later, Garage took the car in for 8 days, Garage stated they cannot fix the issue, will require more parts and returned the car.

I kept chasing, then they took in the car for 7 more days. Garage stated that they cannot fix the fault, they have tried everything.
I told the Dealer, who then stated that they will take the car from the garage and give to another garage and the problem will be fixed in 1 day. Day later he returned the car stating it was fixed.

Dealer lied, the car was more rougher and louder, plus the jerking/misfiring fault was still present. I kept chasing, Dealer kept stating that there is no fault I just need to drive for a few more weeks. Delay tactics.
I then noticed that the 'engine Malfunction light' has been disabled! Reason why the light no longer appears is that the light has been disabled. When plugging in a reader, same error appears.

Chased Dealer and sent emails that I want a replacement or money back. He refused. Then In December he had a meeting and assured me that 1 more attempt to fix it, if it doesn't work then we shall talk about replacement. At the same time he refused to say it is faulty.

January, 3rd time in the same Garage, for 5 days, I paid a surprise visit, they were not even working on it. They state they couldn't fix it and don't know what is wrong they think it will be expensive or an engine replacement.
Since then Dealer does not answer my call or emails. If I call from a different number he will answer and say he will call back and hang up.

I have been trapped with this car for 4 months now, used about 800 miles so far. The stress I am going through with this faulty car I cannot return or fix.
Found out the dealer buys cars from auctions, changes the belt, then sells them. Dealer had used delay tactics throughout the time, no doubt that the dealer knows about the problem of this car which is why they refused to take it back.

My questions.

Q1.
I believe the only option is Small Claims court, is that right?
Due to my anxiety issues I am not good at confrontation which is probably why I am in this position now, which is why I am worried about court.

Q2. To prove a fault, I need a vehicle inspection report. Can I get this from anywhere (RAC etc), or only some sort of specialist?

Q3. I read I can claim the cost of the report back, but then total money I am asking would be more than £9999. Is cost of report re-imbursement included in the limit of small claims?


Thanks in advance

[Pezza54]

Hi
A1 As you paid by cash and trade in your only option is a court claim

A2 There is an article about independent vehicle inspection reports at www.themotorombudsman.org
You could contact the Institute of Automotive Engineer Assessors to obtain quotes from engineers in your area. You have added £499 to your claim for a report. Have you obtained a quote?

A3 Yes the cost of the report would be included in your claim as would any interest you claim. Not court fees though. If your total claim is over £10k it is unlikely to be allocated to the small claims track

[echat11]

Is the dealer a member of any trade bodies or trade associations? Do they have any dispute resolution protocols?

[PussInBoots]

Thanks for the replies.

Dealer is not a member of any bodies or associations. They have no protocols. Contract just stated that within 3 months they will try to repair problem, if they are unable to then they will replace or return money whilst cutting £1400 from the cost.

A2q - No I haven't obtained a quote. Just read that RAC, MR clutch etc, charge less than a £100 for a report.

[Pezza54]

Have you searched on the motor ombudsman website. The dealer might be accredited and motor ombudsman's decisions are legally binding

[PussInBoots]

yes, checked the ombudsman website too. They are not accredited.

Yesterday, the dealer called. Stating that he spoke to garage and now understands the problem, talking about some hole... (prob lying). He stated let him take it to the garage 1 more time, if it doesn't fix the problem, then he shall arrange to replace the car.

(Note he has already taken the car to garage 3 times. Plus it being in the garage prior to purchase.)

[Pezza54]

Contact Dekra Automotive and ask for a quote for a vehicle inspection report.
Search the Companies House register online by the dealers company name to see if their net assets exceed liabilities

[PussInBoots]

Checked the Companies house register, I could not even find the company. Checked the company name and post code search, nothing. Since I bought the car he has moved to a different site. They have 15 cars for sale on Auto trader so hopefully they won't do a runner.

[PussInBoots]

Update: Dealer refused to replace/refund the car, even through he had previously said he would if garage could not fix.

Took it to another garage he requested and uses. Garage stated that it will take a week to fix. I paid a surprise visit after 6 days, they had not even touched the car yet. I returned the following day, and they stated that it has been fixed. Stated that timing was out.

Anyway, took the car back, absolutely no difference. Still had the same problem. Dealer not picking phone. Sent a text stating he will speak to the garage, again refusing to refund/replace.

[Pezza54]

The dealer has had enough chances to repair or replace the car.

You should get the car repaired at a reliable garage and then write a letter before action to the dealer stating if you don't receive reimbursement for the repair work (enclose a copy of the garage invoice) plus your expenses, you will start a court claim. There are example LBAs and templates on this website and at which.co.uk

You need to find the dealer's new address. Ask a friend or relative to reply to his autotrader advert and ask to view a car. They should get the address and can then cancel their viewing later. Check the address exists using streetview

Is the name at the top of the invoice a ltd company name or dealer's name trading as..? Do not post any personal names. Is there a registered company address on the invoice?

[echat11]

Send the LBA Recorded Delivery.

[PussInBoots]

Send the LBA Recorded Delivery.

Thanks for the reply.

Q. In the LBA, do I have to list the evidences that I intend to submit, or is that not required right now.
Q2. Also, do I have to add the exact amount of money I intend to claim in the LBA?

Thanks

[echat11]

Thanks for the reply.

Q. In the LBA, do I have to list the evidences that I intend to submit, or is that not required right now.
Q2. Also, do I have to add the exact amount of money I intend to claim in the LBA?

Thanks

Q1. In the LBA, do I have to list the evidences that I intend to submit, or is that not required right now.

Not required in LBA.

Q2. Also, do I have to add the exact amount of money I intend to claim in the LBA?

Yes.

[Pezza54]

Did you get the car repaired or obtain an inspection report and estimate for repair work?

Have you managed to find out the dealer's address for his new premises?

[PussInBoots]

I have not got an inspection report yet, I was hoping that seller would agree to refund/replace so I did not want to spend the money at that time. But now I will have to.

Yes his address is listed, it's a shared office space building which have dozens of companies inside. Problem is the seller is not at the office most of the time, only goes there when he is has sold a car or viewing.
I also have his email address.

Thanks