Faulty Vehicle sent LBA but can anyone help to what next?

[des8]

Post up your complete draft witness statement so we can help you get the format correct, and possibly tweak it with you

[TORIVW]

Post up your complete draft witness statement so we can help you get the format correct, and possibly tweak it with you

youre a superstar, just completing it now

[TORIVW]

1. I am the claimant in this application and I make this witness statement in relation to case XXX
2. The facts and matters set out in this witness statement are within my own knowledge unless otherwise stated, and I believe them to be true.
3. Where I refer to information supplied by others, the source of the information is identified. Any facts and matters derived from other sources are true to the best of my knowledge and belief.
4. Attached to this witness statement are attached exhibits known as EVIDENCE to which I will make reference.

Relevant facts

1. I purchased a second hand vehicle from the defendant at a cost of £2,400 on 15/12/21. The contractual relationship was a business-consumer one and subject to the Consumer Rights Act 2015 (“CRA”). Invoice of sale attached EV1
2. The vehicle was delivered on 16/12/20
3. Claimant identified that wing mirror cover was missing on 16/12/20
4. Claimant contacted Defendant on 16/12/20 to advise wing mirror cover missing, Defendant advised it would be posted.
5. Claimant Chased Defendant for wing mirror cover via text message on 21/12/20
6. Defendant replied to advise it would be posted on 21/12/20
7. Claimant did not receive wing mirror cover
8. Claimant started vehicle on 4/2/21 and it would not start, Claimant contacted Defendant to advise it wouldn’t start, Defendant advised to contact RAC
9. RAC Breakdown attended vehicle, advised it required Citroen main dealer attention. – Breakdown report evidence document RAC1
10. Claimant requested for the Defendant to collect vehicle as it did not drive. Defendant agreed to collect vehicle on 6/2/21
11. Defendant collected on 10/2/21
12. Claimant chased Defendant for update on 24/2/21
13. Defendant advised via text message that he would call Claimant tomorrow- (25/2/21) Defendant did not call claimant.
14. Claimant attended Defendants premises located (AT ADDRESS OF GARAGE) on 1/3/21 to discuss in person the situation, Vehicle had not been repaired and claimant exercised rights under the CRA to request the Claimant to carry out the necessary repairs to the vehicle, but the Defendant refused to acknowledge the fault.
15. Vehicle was delivered to XXX unannounced on 12/3/21, Claimant was at work and keys handed to another resident at the property. Vehicle was unable to be inspected on delivery.
16. Claimant arrived back from work to find vehicle very dirty inside and out. Dash was loose and not clipped in, it appeared the clips were broken. Internally the drivers door had a large scratch, the car would not start, engine management light was on.
17. Claimant contacted Defendant on 12/3/21. Defendant advised the RAC warranty would soon run out and to call RAC as soon as possible.
18. RAC attended on 15/3/21 to advise battery had a bad cell. With numerous error codes including lambda sensor. RAC advised to not drive the vehicle due to the dash being loose and if driven the airbag may deploy. Report attached document RAC2
19. Claimant contacted Defendant on 15/3/21 to request a refund and for Defendant to collect vehicle. Defendant advised this is not possible.
20. Letter of rejection posted recorded delivery evidence document LOR1 on 24/3/21
21. XX signed for by XX at 11:14am on 1/4/21 evidence document RM1
22. Claimant sent Letter before action via recorded delivery on 3/5/21 evidence document LBA1
23. Tracking number XX5GB Signed for at 10:54 on 7/5/21 by “Smith”
24. Witness Contacted Royal Mail to confirm co-ordinates of both tracking numbers, Royal Mail confirmed both documents signed for at the same location. Recorded phone call at 13:18 with XXX on extension XX. XXXis aware her extension number will be listed in the particulars of claim if the phone call recording is required as evidence.
25. Claimant contacted independent vehicle engineer to complete report. Engineer from Legal and Technical Asessors Ltd attended vehicle on 17/5/21 and conducted assessment, Claimant advised to not drive the vehicle due to safety. Evidence document REP1
26. Defendant contacted Claimant on 23/6/21 to advise Defendant would offer £1700 refund and take the car away. Claimant advised he would like a full refund.
27. Email sent from Witness to Defendant, including report and all posted correspondence on 24/6/21. Evidence document EMC1
28. Response from Defendant to Witness Evidence document EMC2
29. Email sent from Witness to Defendant Evidence document EMC3

Statement of Truth
I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed: ………………………………………

[TORIVW]

des8 As above. So i am the witness (in bold because i dont know what it should actually say) i have highlighted in bold. how am i referred to in a witness statement as I did some of the work on behalf of the claimant

[TORIVW]

des8 well, we went to court, and we won. Appreciate the help provided by everyone here

[des8]

Well done and thanks for the update.

Just noticed I seemed to have missed your WS, but obviously you did a good job