Sale of goods act.

[Tafflaff]

Re: Sale of goods act.

I've had help to type up a P.O.C for moneyclaim.gov the only problem is that its too long. seems daft that such a crucial part of the claim is restricted to x amount of characters.

Anyway would someone be good enough to look over this POC and critic it please. Where and shoul I add costs like Telephoning , travel costs and car hire. (hired a tiny car for 5 days to carry out some essencial tasks)

1. The defendant is a commercial trader
offering vehicles for sale on a trade basis.
2. On 06/02/10 the claimant puchased a
Renault Espace Authentique Registration
Number XXX XXX from the defendant and paid
£XX.XX deposit followed by the balance of
£XXXX.00 on the 9/02/10 Both these payments
were made by the claimants Nat West Debit
Card.
3. The car was sold with the following
express warranties.
That the vehicle would be checked over by
the defendant for safety and mechanical
defects.
And the following implied warranties:
a. it would be fit for purpose;
b. it would be of merchantable quality
c. it would be safe to drive
d. it had no mechanical or other defects
which would affect the ability to use the
car comfortably and safely.
4. In breach of contract and the warranties
set out above and confirmed by the
defendants own mechanic, the car has the
following signficant defects: Faulty coil,
Broken gearbox mountings and inoperable
central locking.
5. On 10/02/2010 the claimant returned the
car to the defendant's garage and rejected
the same, requesting a refund.
6. On 22/02/2010 the claimant - on the
advice of local Trading Standards - sent to
the defendant a 7 day notice [attached
herewith]
7. Despite the said notice and the
rejection of the car, the defendant has
failed or refused to refund the purchase
price and/or contact the claimant at all,
despite numerous attempts to contact the
defendant by phone and letter.
8. As a result of the matters above there
has been a total failure of consideration
and/or a breach of contract entitling the
claimant to the refund of the puchase price
together with interest at the prevailing
county court rate.

The facts in this statement of case are
true

[Guest]

Re: Sale of goods act.

The particulars are fine and costs can be detailed later and a single figure for "costs" may be added at this stage. This should include the cost of the hire car and any other costs and expenses that you have incurred, but as above, can be particularised at a later stage.

Thus your claim is for the total of the sum you paid for the car, plus all other costs and expenses related to the breach of contract.

Given that the garage have ignored you thus far they may also ignore a claim which is why you really should pursue NatWest under the Visa Debit Chargeback scheme, in addition to issuing your claim since as far as bankers have fallen (and NatWest have fallen further than most) they still have some way to go before they reach the level of "car dealer."

Finally, I would not bother with MoneyClaim Online and use a proper claim form, filed at your local County Court, unless this is impossible simply because you can write as much as you wish and for the cost difference, which I believe as about £5, it is important to particularise your claim fully.

[Tafflaff]

Re: Sale of goods act.

Thankyou very much for that I really appreciate the advice

[Tafflaff]

Re: Sale of goods act.

Ok have taken Garage to court and tomorrow is the final day the Garage have to respond to the court. They have not done this yet.

What happens tomorrow if they do not reply...I ask for judgement to be made? What does that entail, what can I expect .

Many thanks in advance.

[Guest]

Re: Sale of goods act.

Should the garage fail to respond to the claim, you will be awarded Judgment in Default and this is not the same as a judgment obtained in court at a hearing. It simply means that one or other party failed to comply with part of the procedure.

Send them this reminder first, otherwise you may find yourself back at square one if you attempt to obtain an Warrant of Execution.

Dear

Claim Number XXX00000

You have not filed a defence for claim number XXX00000 at (Town) County Court, and the time to file a defence has now passed and judgement in default has been/will be granted. I am writing to give you one final opportunity to make full payment of £000.00. If I have not received payment in full by 4pm (date - 7 days from date of this letter) I will file for Judgment in Default/apply for a warrant of execution.

Yours sincerely