Bought a faulty car. Small claims court?

[PussInBoots]

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.

Thanks. In the LBA, can I add the exact amount of the car I am claiming back, not adding the cost of the Independent Fault report?
Only if the seller doesn't agree on a resolution, then only add these report costs Once starting proceedings of the County Court?

[Pezza54]

I'm not sure what you have decided to do regarding your claim
Reject the car, get the the car repaired yourself, or obtain a report and estimate?

[PussInBoots]

Hi Pezza,
I intend to reject the car.

I don't want to repair the car, as mechanics seem to be stumped on what is actually wrong. It might be a whole engine replacement.

I want to send the LBA. If he still refuses to refund, then go to County court. I only want to pay for the Independent fault report if the seller rejects the LBA and we have to take it to court. For this reason, I didn't want to add the Report costs in the LBA, As i will only proceed with the report if we go court.

Thanks

[Pezza54]

Thanks

So if you end up starting a court claim, your claim will be £9.5k plus cost of inspection report, plus interest, less a deduction for usage
You stated you had travelled 800 miles in the car. You could calculate the deduction 800 miles @ 15p/mile = £120

Your claim should not exceed £10k and be allocated to the small claims track.

Your LBA could state that if the matter cannot be resolved amicably you intend to make a court claim calculated as above

Your letter must also state you are rejecting the car under CRA, final right to reject, unsatisfactory quality etc and that he has ?? attempts to fix the serious fault

You should be aware that if the dealer is still in possession of your old non-ulez car, he is entitled to return it

[PussInBoots]

Thanks for that info...
Is something like this sufficient:

Re: Faulty Nissan , (number plate)

I have not received a reply to my email dated 29 February 2024 regarding the faulty car after receiving the car back from the garage.

I am once again requesting a full refund of the purchase price of the car on the grounds that the car was not of satisfactory quality, and reject the car under the Consumer Rights Act 2015.

From you I am claiming;
£9400 for the car, plus cost of an independent inspection report.

I would like a reply as soon as possible so that I know you have received this letter.

To avoid taking court action, I am willing to use Alternative Dispute Resolution to resolve this problem.

If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. This may increase your liability for costs.

I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 13-16 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction.

[Pezza54]

I would add in the date you purchased the car and their unsuccessful attempts to repair it

[PussInBoots]

Thanks. Would you also send it via email /txt if you receive no reply to the letter?

[Pezza54]

You could attach the letter document to an email and state in case you failed to receive this letter that was posted on ???date

[PussInBoots]

2+ weeks. They didn't reply.

[Pezza54]

If you decide to start a court claim you can ask for advice on this forum under this thread

[PussInBoots]

I appreciate the help.
I tried to avoid the hassle of court, but unfortunately I have no option now. I have paid for an independent inspection report.

Q. Looking at the Court procedure, it stated the registered address is required of the Seller. I know the address, but I do not know if it is registered, is this going to be a problem when proceeding with a court claim?

[Pezza54]

The dealer's business address is okay. It is the address the court will send the claim form to

[PussInBoots]

Thanks. Are there certain documents or a list that I will need to submit when making a Court Claim?

[Pezza54]

You should read CPR Part 27 Small Claims Track while you are waiting for the inspection report
If you decide to use MCOL you can tick the box to send on the Particulars of Claim later attached to an email

[PussInBoots]

Thanks, but i'm a little confused. What's the difference between Small Claims Court and MCOL?