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Can a scrapped vehicle still be claimed for in court?

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  • Can a scrapped vehicle still be claimed for in court?

    Hi there, this post related to my first post which people may have seen, basically in short I bought a car from a dealer, requested to return it immediately as the engine temp. light was coming on, and was denied by the dealer. Then I found out it needs a new engine. I've been negotiating with the guy since then, I am demanding either a full refund (and the guy to take back to car although it would need towing) or for him to take it and fix it, paying in full, and give it me back. He was at first offering me £200 towards getting it fixed, which was completely unnacceptable given the cost, now he is offering to pay in full, but half now and half in installments, and I would need to arrange the fixing of the vehicle. The garage it is currently at is saying it would be £2000, the dealer is saying I can get it done cheaper if I buy the engine myself and go to a cheap garage. I have no idea about this kind of thing (cars etc) and do not know how much to ask him for, the price would include the cost of towing the car to a garage etc. and also I have found out that if you buy an engine it often needs other parts supplied too, I have no idea what I am doing so would rather the dealer took full responsibility for it rather than ask for an amount and then find myself faced with further costs I had not anticipated. Also I really can not afford to pay any more money up front on this car, (have already spent £2000), in the hope i might get it back, as this guy is proving to be pretty sly.
    So basically the negotiations keep going on, the whole thing is getting dragged out and basically the car is sat at a garage, they are waiting for me to tell them what to do with the car, I have no where to keep it myself as I dont have a driveway or garage at my house, it has been at their garage for 2 weeks now and I think they want it moving, so the only option soon will be to scrap it as I really cant keep it anywhere. It doesnt even drive and cant be kept on the road as MOT just expired. What I'm wondering is, if the dealer keeps dragging things out and I was forced to scrap the car due to these circumstances, can I still go after him in court for the money (given that I would no longer have the car?) Sorry for the long post, just really need to get all the facts on here to get appropriate advice. Thanks..
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  • #2
    Re: Can a scrapped vehicle still be claimed for in court?

    just looking at this

    if you purchased a car from a dealer, if the vehicle was not up to standard then you have given the dealer an opportunity to fix the vehicle, so the vehicle has not been fixed by the dealer then send him a lettter before action or you are going to the small claims court

    seems to me he is playing you

    when did you purvhase the vehicle (how long ago)and was it cash or finance

    Comment


    • #3
      Re: Can a scrapped vehicle still be claimed for in court?

      I bought it cash just over a month ago so he has had plenty of opportunity to sort it. I did draft a letter saying it would be scrapped this week if the matter is not resolved, and then he would be liable for the full refund, but I wanted to check my legal position with regards to scrapping it before i sent the letter

      Comment


      • #4
        Re: Can a scrapped vehicle still be claimed for in court?

        do not scrap the vehicle

        the vehicle in a sense belongs to the garage as you have rejected the sale under unsatisfactory goods and services (sale of goods act)

        send the dealer a letter by recorded delivery

        at the top in big black letters put
        14 DAY LETTER BEFORE ACTION

        tell him unless you receive full repayment for the cost of the vehicle and any out of pocket expense (diagnostic fee, taxi, etc) then without further notice a small claims action will commence in the county court
        tell him that this letter complies with all pre action protocol

        like i said

        do it now as he is playing on your lack of knowledge in regards to consumer law

        do you have any letters emails etc to and from the dealer in regards to this complaint

        Comment


        • #5
          Re: Can a scrapped vehicle still be claimed for in court?

          I totally agree with Militant. In the meantime DO NOT SCRAP THE CAR!!!!!

          Comment

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