Cam Chain snapped on new van after 20 months / 114k miles

[WhiteVanMan5]

This is really tough! Am I on the right lines here? This will go on page 3 of the form N1?

Particulars of Claim

1. Background

The claimant purchased a new Vauxhall Combo Van, registration [REDACTED], on 19th November 2021 from [REDACTED], paying a £250 deposit on the same day with his [REDACTED] and the balance of £18,554 by Bank Transfer on 3rd December 2021. The van was delivered on 10th December 2021.

The claimant is claiming against the defendant, [REDACTED], under section 75 of the Consumer Credit Act 1974 which holds the defendant jointly and severally liable.

The defendant has refused the claim.

2. What Happened

On 31st July 2023 the van broke down.

The cause was a snapped link in the Cam Chain.

Vauxhall Main Dealers quoted a repair price beyond the economic value of the van and so it was "written off" having completed just 113,887 miles.

Complaint to Vauxhall was rejected and no assistance was offered.

Complaint to the retailer was rejected and no assistance was offered.

Complaint to [REDACTED] was rejected and no assistance was offered.

Escalation of [REDACTED] complaint to Financial Ombudsman Service was rejected.

3. Breach of Contract

The retailer has breached the Sale of Goods Act 1979.

Specifically, the breach is against Section 14 (2) (2B) (e).

The Act states:
"(2) Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.
(2B) For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—
(e) durability".

For a commercial vehicle to fail so early in its life is a clear breach of the implied term of durability under the Sale of Goods Act 1979 and substantially short of reasonable expectations.

4. Amount of Claim

Van value loss £5,421
Expert Report cost of £1,300
Vehicle Recovery £132.96
Lost income £2,971.20
Total claim £9,825.16

5. Statement of Truth

I believe that the facts stated in this claim are true.

Date: 27th October 2024

[REDACTED]

[Pezza54]

Well done!
Just a few observations:
Headings in bold, not numbered. The individual paragraphs should be consecutively numbered
If you can find your bank credit agreement date and account number, you should include them under background.
Perhaps a bit more under background about Section 75: purchases over £100 and under £30,000, debtor-creditor-supplier transaction, referring to the particular clause number in Section 75

Under what happened you should include brief info about the expert report obtained and the report's conclusion (This report adds strength to your claim. It will be difficult for the defendant's lawyer to argue against it)

There is more wording to the Statement of Truth- you'll have to google, it is covered in cpr

If you are now doing a paper claim you will need a front page:
Heading "In the County Court"
"Claim number Leave space for court to insert
"Claimant Redacted"
"Defendant Redacted"

Number the pages. Secure with paper clips, not stapled

I would keep the claim as a separate document and write "see separate document" on page 3

[Pezza54]

Sorry can you include a statement that the van had been serviced in accordance with the owner's manual for the vehicle using the manufacturer's approved parts and fluids.
Also write that the timing chain is not mentioned in the service schedule and is expected to last the lifetime of the vehicle

You could insert this paragraph above "Amount of claim"

[WhiteVanMan5]

Sorry can you include a statement that the van had been serviced in accordance with the owner's manual for the vehicle using the manufacturer's approved parts and fluids.
Also write that the timing chain is not mentioned in the service schedule and is expected to last the lifetime of the vehicle

You could insert this paragraph above "Amount of claim"

Thank you.
I have had the credit card for in excess of 10 years, so I don't have any details of the original agreement (or any idea how to find details of it).
I believe I have incorporated everything else you have suggested.
I am a little under the weather at the moment and if I am the same in the morning, then I won't be working, so will have the time to finish this off and hopefully submit it tomorrow.

[Pezza54]

My fault again. Can you insert "Particulars of Claim" on the front page under "Defendant"

Paragraph 10 Change "I" to "The claimant"

Paragraph 14 change first sentence to "The claimant ensured that the van was fully maintained and serviced in accordance with the manufacturer's printed service schedule using manufacturer's approved parts and fluids"

Under "Amount of Claim" Please see my sentences in post 37 before the list of claim items (remedy sought)
Can you modify the sentence that the claim is for damages, the claimant's estimated loss caused by the supplier's breach of warranty under Section 53 (2) of the Sale of Goods Act

[WhiteVanMan5]

My fault again. Can you insert "Particulars of Claim" on the front page under "Defendant"

Paragraph 10 Change "I" to "The claimant"

Paragraph 14 change first sentence to "The claimant ensured that the van was fully maintained and serviced in accordance with the manufacturer's printed service schedule using manufacturer's approved parts and fluids"

Under "Amount of Claim" Please see my sentences in post 37 before the list of claim items (remedy sought)
Can you modify the sentence that the claim is for damages, the claimant's estimated loss caused by the supplier's breach of warranty under Section 53 (2) of the Sale of Goods Act

Thank you. I confess I'm a little muddled on the final point. Can I double check that the reference to warranty is a SOGA term and not a reference to the warranty of the vehicle (which i do not dispute had expired).

The full Amount of Claim section now looks like this:

Amount of Claim

15. The claimant claims his estimated loss caused by the supplier’s breach of warranty under section 53(2) of the Sale of Goods Act. The following are the monetary losses suffered by the claimant.
16. Van value loss £5,421
17. Expert Report cost of £1,300
18. Vehicle Recovery £132.96
19. Lost income £2,971.20
20. Total claim £9,825.16

I have completed all of your other suggestions.

[Pezza54]

Breach of warranty under SoGA is a breach of contract condition where the contract cannot be rescinded and goods returned in the state they were delivered
You said the original van was still parked on your parents driveway. After you submit your claim you could write to the dealer, copy to ccc, stating that storage of the van is now causing much inconvenience and future storage costs may be added to your claim at a later date.

[WhiteVanMan5]

Thank you. I confess I'm a little muddled on the final point. Can I double check that the reference to warranty is a SOGA term and not a reference to the warranty of the vehicle (which i do not dispute had expired).

The full Amount of Claim section now looks like this:


I have completed all of your other suggestions.

My parents are genuinely starting to get a bit angsty about the van being there!

I will print that off now as it is and complete form N1 and hopefully get it in the post shortly.

[Pezza54]

Don't forget to send 2 signed copies to the civil courts business centre

[WhiteVanMan5]

Is this reasonable so far? Do I have a problem that the court fees take the claim over £10,000?

[WhiteVanMan5]

Don't forget to send 2 signed copies to the civil courts business centre

I send 2 copies to the "Civil National Business Centre", Northampton and that is it? I don't send anything to the defendant?

[Pezza54]

No court fees aren't taken into account for claim allocation purposes. Interest on the claim is but you haven't claimed interest.

Under "Value"
insert "£9,825.16"

[Pezza54]

I send 2 copies to the "Civil National Business Centre", Northampton and that is it? I don't send anything to the defendant?

No
The court sends the defendant the PoC and a response pack.
You should receive notification from the court that the claim has been sent to the defendant

The defendant might email you a copy of their defence when they email a copy to the court