help with particulars of claim needed

[Matilda123]

HI Guys

I am not sure if this is allowed but could someone experienced have a look at my POC for MCOL claim . I am not sure how much details I should include by matter is a bit lengthy to fit in 24 lines and it really made worried. I would really appreciate someone's input.

1. On xxx Claimant purchased [used car] from the Defendant for the sum of xxx.
2. On xxx first malfunction was reported rendering vehicle not roadworthy.
3. On xxx vehicle war returned to the Defendant. Replacement car was provided.
4. The Claimant made various attempts to contact the Defendant between xxx.
5. On xx, after Claimant informed the Defendant of intent to report the car stolen if there is still lack of communication, the Defendant confirmed that part was replaced. No receipt for this service was provided.
6. On xxx car was returned to the Claimant.
7. On xxx first fault returned. Steering malfunction was reported rendering vehicle not roadworthy.
8. On xx car was returned to the Defendant for the second time. Replacement car was provided.
9. The Defendant could not establish root of the problem. Fault codes were cleared instead.
10. On xxx car was returned to the Claimant. Defendant was informed of Claimant’s intent to return the vehicle if there are any further issues.
11. Claimant was unable to use the vehicle between xxx due to the taxing issue. DVLA did not receive a log book from the Defendant.
12. Between xxx car was mainly driven by the Claimant to work and xxx only occasionally due to xxx. Further less serious issues were reported during that period such as xx.
13. On xxx third fault occurred - xx.
14. On 18 June 2020 catastrophic engine failure was confirmed by the engineer at xxx.
15. On xx car was returned for inspection to the Defendant who denied any liability and refused a refund. Defendant made an offer to sell the vehicle without a fee after vehicle was repaired at Claimant’s own costs. Repair was quoted for the sum in range of xx to xx.
16. On xxx Claimant made a formal complaint to the Defendant by both letter (signed for) and email. Claimant requested to exercise his statutory rights under the Consumers Rights Act 2015 asking either for a repair of the vehicle or a full refund (minus the reasonable reduction in price for the mileage used). Defedant was in a breach of contract as purchased vehicle was not as described, fit for purpose and of satisfactory quality. Previous repairs carried out by the Defendant were part of the troubleshooting process to locate the actual fault and, as there were still certain ongoing problems after xxx repairs, it proved that those repairs did not fix that fault.
17. Further letters before action were sent on xxx in which Claimant confirmed the above position and repeatedly queried if the Defendant was willing to use ADR following pre action protocol.
18. Defendant replied only to one of the letters, refused any liability and was not willing to mediate.
19. On xxx Claimant obtained a report from the external engineer, xxx, advising settlement by way of vehicle rejection and refund of the purchase price based on xxx.

Accordingly, the Claimant claims:

1. the sum of ;
2. additional cost of xxx for the engineer’s report; and
3. court costs.

Thank you!!

[ostell]

That's more like a witness statement, which comes later. Basically the PoC is a a summary of why, ie you purchased a vehicle on xxx , it failed on xxx the defendant refused to repair or refund under CRA 2015. You are claiming xxxxx, the cost of the car plus additional costs caused by the failure

[R0b]

Agree with Ostell, it's not bad as such and would probably do fine but for particulars of claim in straight forward cases, they should be concise, key facts and any detail ought to be left to the witness statement.

Almost all particulars of claim for breaches of contract should follow the same method:

1. Was there a contract and if so, was this in writing or verbally?

2. What key information about the contract is relevant to this claim e.g. in your case:
a. How did you purchase the car, online or in a shop or over the telephone?
b. What was the method of payment e.g. cheque, cash, bank transfer etc.
c. Is the car you purchased brand new or, if second hand
d. Any pre-inspection report carried out prior to coming into possession? If so, did it say anything relevant worth mentioning in your claim?

3. Set out a summary of facts in a few sentences / lines.
a. When did you collect the car.
b. What date the first fault occurred, what was the fault and was it repaired by the defendant.
c. Give other faults that occurred afterwards and on what dates.
d. Any other relevant info e.g. independent reports.

4. Explain how the defendant is in breach and this is where you refer to the failures and defects, the contract, legislation such as the CRA 2015 and what provisions are you alleging to have been in breach of, and as a result of the breach(es) you have suffered loss and/or damage.

5. Remedies - this is where you set out what you want which you've already done so that's fine.

If you follow the above method, you should be able to write a pretty concise particulars of claim.

Just another point that I would recommend is in your first numbered paragraph, you provide a high level sentence or two about what the claim is about. To give you an example, I would say something like this at the start:

1. The Claimant seeks damages pursuant a contract entered into between the Claimant and the Defendant for the purchase of a motor vehicle. The contract is a consumer contract subject to the Consumer Rights Act 2015 and the Claimant alleges that the Defendant is in breach of said Act for the reasons set out below.

As you can see, immediately someone reading your claim will know what to expect when they look at the details of the matter. Why not have another stab and post up a new draft and we can comment.

[Matilda123]

That's really helpful. Thank you both!

One more question. I am chopping it and rewriting but it is still hard to fit in the such a small space. If I tick the box about sending particulars directly to Defendant as a separate document (which I understand give me a little more space)...do I still need to fill in the box or should I leave it blank? I am not sure what the automatic wording says.

[Matilda123]

What do you think about this?

The Claimant seeks damages pursuant to a contract entered into on xxx between the Claimant and the Defendant for the purchase of a second hand motor vehicle for the sum of xxx. The contract is subject to the Consumer Rights Act 2015.
.
In line with the said Act Claimant alleges that Defendant is in breach of the contract as vehicle did not meet requirements of being fit for purpose, as described and of satisfactory quality. This is based on the repeated failure of the steering assembly on xxx and xxx and a catastrophic engine failure in a short amount of usage since the date of purchase on xxx. Defendant replaced the steering rack on the first occasion but were unable to locate cause of the problem the second time.

Defendant refuses to repair the vehicle or refund the purchase price under the Consumer Rights Act 2015. Pre action protocol was followed by the Claimant in writing on xxx, xxx, xxx and xxx. Defendant ignored queries about ADR.

Claimant obtained an independent report on xxx in support of his claim.

Accordingly Claimant claims:

1. the sum of xxx;
2. additional cost of xxx for engineers’ reports and towing service; and
3. court costs.

Does it sound any better? Sorry for all the questions!

[R0b]

Are you trying to fit it in the box on the on www.moneyclaim.gov.uk website?

[Matilda123]

Yes. It's above 10 k so I need to use MCOL and want to start the claim online.

[R0b]

If you feel the need to tick the box for detailed particulars then you can do that and will give you a little more time to draft something, if I recall it is within 14 days after service of the claim form which is 5 days from the date of issue. Otherwise, the example below might work and fit within the character limit - it gives just about enough information to understand the case.

1. Claimant seeks damages pursuant to a contract entered into on xxx between Claimant and Defendant for the purchase of a second-hand motor vehicle for the sum of xxx. The contract is subject to the Consumer Rights Act 2015.

2. On XX Claimant encountered a fault with the vehicle's steering rack and the vehicle was sent to Defendant for repair. Defendant replaced faulty component and the vehicle returned to Claimant on XX. Claimant informed Defendant [verbally/in writing] that he would reject the vehicle if additional problems arise. On XX date a further fault occurred and Claimant then sought a report from an independent engineer who diagnosed a catastrophic engine fault.

3. Claimant alleges that the vehicle was neither satisfactory quality nor fit for purpose or as described contrary to the CRA 2015. Further, Defendant exercised his final right to reject the vehicle under Section 24 of the CRA 2015 on xx but Defendant has refused and no reasons are given for such refusal.

4. Claimant therefore claims: (1) xxxx; (2) xxx for engineer’s report and tow fees; (3) costs.

[Matilda123]

This is really helpful. I got too tangled in all the details that could not find my way out of it. The pair of fresh eyes made all the difference! I am really grateful for your time and guidance.