Can any with court claim particulars!

[YWTyphoon]

Hi

ive looked at the forum a lot in the past few years and it's a great source of information, very grateful to those who give up their time to reply to posts.

The reason I'm posting is I've found myself having problems with a used car/dealer and it looks like I'm going to have to take him to court as he's ignoring me basically I part exchanged my car for a car which has turned out to has had some dangerous alterations to the engine, he had one chance to repair but within six months further issues came to light and after taking advice I tried to reject the car (2nd tier remedy?). However he dumped it back outside my house, I can't use it or sell it because it's dangerous.

I had a bit of free legal advice from a solicitor to write the letters and get to this point, but now I'm struggling with the court application, is there anyone around who could please help?

[pt2537]

Hi

ive looked at the forum a lot in the past few years and it's a great source of information, very grateful to those who give up their time to reply to posts.

The reason I'm posting is I've found myself having problems with a used car/dealer and it looks like I'm going to have to take him to court as he's ignoring me basically I part exchanged my car for a car which has turned out to has had some dangerous alterations to the engine, he had one chance to repair but within six months further issues came to light and after taking advice I tried to reject the car (2nd tier remedy?). However he dumped it back outside my house, I can't use it or sell it because it's dangerous.

I had a bit of free legal advice from a solicitor to write the letters and get to this point, but now I'm struggling with the court application, is there anyone around who could please help?

Hi there

Ok well you will need an N1 Claim form, and you will need to draft the particulars of claim. the particulars of claim must set out your claim clearly and concisely, it must comply with CPR rule 16 and must be verified with a statement of truth.

If you have rejected the goods, you must not act in any way which is contrary to the rejection, you must not move the vehicle use the vehicle and i would suggest writing to the garage demanding the return of your monies and the removal of his vehicle from outside your house

Preparing the particulars of claim can be difficult on here, we will never have all of the facts because the forum is open to all, so often key info is kept from the public domain. The key thing is to be clear as to what happened, what your losses are and why you say the Defendant is liable.

We are all happy to help if you need us

[YWTyphoon]

Thanks or replying, much appreciated

I've not moved the car at all since he dumped it on my drive. I've also already written to him rejecting the car, and also a "letter before action" as advised by the solicitor I saw at a community session. He's ignored both.

The thing I'm really not sure on is the actual money, what I ask for given that some can be taken off for wear and tear? He's already trying to say I did the dodgy repairs to the engine and I've scratched it etc, I haven't but that's pretty much the only thing he's said. Also, as the car has to remain insured and taxed (I'm in a rented property and not allowed to keep an untaxed vehicle in the driveway) I understand I add these costs? I've literally no idea how to do that as they will change and increase in the interim.

I could post more detail about what's happened, is there an more suitable area of the forum to do this?

Thanks again for replying.

[pt2537]

Thanks or replying, much appreciated

I've not moved the car at all since he dumped it on my drive. I've also already written to him rejecting the car, and also a "letter before action" as advised by the solicitor I saw at a community session. He's ignored both.

The thing I'm really not sure on is the actual money, what I ask for given that some can be taken off for wear and tear? He's already trying to say I did the dodgy repairs to the engine and I've scratched it etc, I haven't but that's pretty much the only thing he's said. Also, as the car has to remain insured and taxed (I'm in a rented property and not allowed to keep an untaxed vehicle in the driveway) I understand I add these costs? I've literally no idea how to do that as they will change and increase in the interim.

I could post more detail about what's happened, is there an more suitable area of the forum to do this?

Thanks again for replying.

I think you need to claim for your losses, its upto the Defendant to seek to argue you should get less.