I rejected my new car but...

[Steve245]

the dealer just ignores me now!!

New car 2 month's ago, 3 days after collection a problem with the clutch which they repaired however the same problem has started again and I rejected the car May 1st quoting the "Sale of goods act" but all my correspondence is just ignored.

After searched Google for this problem I see this fault is not unknown on this car

Paid by Visa Debit card in full cost of car....claim against this?

Claim on my Legal expenses ins?

Best course of action?

[miliitant]

Re: I rejected my new car but...

if the vehicle develops a fault within the first six months then it is accepted that the fault was their to begin with prior to sale

i would give a 14 day letter before action stating that they fix the problem or you will issue a claim in the small claims court

but you must give the retailer a final chance to rectify

if they ignore then fair enough, thats why you send the letter before action by recorded delivery

[Steve245]

Re: I rejected my new car but...

Small claims only goes upto £5k (I think) and car cost over £10k

Thanks for the reply

[miliitant]

Re: I rejected my new car but...

then it will not be small claims but fast track

still in the county court though

just say you will issue a claim in the county court in your letter before action

[labman]

Re: I rejected my new car but...

Yep, £5000-25000 are still issued in the county court, but in the fast track not small claims track as Militant correctly said.

[Steve245]

Re: I rejected my new car but...

What costs could be awarded against me if I lost? or is it the same as the small claims court?

[bluebottle]

Re: I rejected my new car but...

I can't advise on costs. However, I can tell you what happens with Fast Track Claims when they are enforced. If you are successful in being granted judgement in your favour, it is best to let Court Bailiffs carry out the enforcement, as distinct from HCEOs, although, in theory and in practice, you could apply for a Writ of FiFa and let HCEOs do it. If you use Court Bailiffs, at least you won't be held vicariously liable if there is a foul-up, which is a distinct possibility with HCEOs (Cynical, aren't I?). The bailiffs will turn up at the debtors home/premises and ask for the money there and then. If it is not forthcoming, the debtor can be given as little as two hours to pay up before the bailiffs start seizing property. This happened to a garage owner in my hometown. He found the money he owed in less than 90 minutes.