Help with car dealer

[Feelingdown]

Hi
I bought a car for cash 5430 £ in may this year . When I got it home I found very quickly that it was not in roadworthy condition. I was advised to put it through an MOT and in fact it failed the MOT, particularly because the brakes were down to the metal. This is clearly a very dangerous situation and I were advised no longer to drive it. Selling that car was an offence committed by the dealer under the Road Traffic Act 1988.
The car dealer from the beggining refuse car return or repairs.

I were also given advisories on the MOT – in particular the tyres which apparently were at the edge of their useful life and also there was a comment that the brake calliper were extremely stiff and say they weren't withdrawing smoothly which meant that even though the brakes might be changed, they would soon be down to the metal again.

I have had the brakes done and it has been MOT' d again and it has passed but with the advisories which I have mentioned above.

There were also vibrations which has been investigated and it seems that it is a problem with the fuel injectors and that I have received an estimate for repairs and the whole repair bill is around £2500

There was an extensive exchange of messages between me and the dealer. They were extremely threatening and I were very frightened and that eventually I got so concerned about the threats they were making that when they offered you £300 in settlement of everything, I accepted it.
I know I made mistake accepting his offer but I want take legal.action against that dogdy car dealer . Can you help me please ?

[echat11]

Hi FEELINGDOWN

It sounds like the dealer has form. What you should do is contact CAB they should pass the complaint to Trading Standards who should investigate the matter. In fact they should have been reported at the time as the vehicle was 'dangerous'.

https://www.citizensadvice.org.uk/co...ing-standards/

[Feelingdown]

I already did but they not interested. After letter of claim they told me to go to court .

[echat11]

des8 Can you take a look and advise, many thanks.

[Feelingdown]

Thank you for reply .
Any advice whats to do , highly appreciated.

[des8]

What was the wording (exactly) on the letter which accompanied the settlement figure?
Was it made before or after you discovered the problem with the injectors?
Do you still have the threatening emails etc?

[echat11]

See if you can contact your local Trading Standards directly, the point of Trading Standards is that they investigate matters like this.

You say the following:

'I was advised to put it through an MOT and in fact it failed the MOT, particularly because the brakes were down to the metal. This is clearly a very dangerous situation and I were advised no longer to drive it. Selling that car was an offence committed by the dealer under the Road Traffic Act 1988.'

You need to gather the evidence and present it to Trading Standards, email it to them, (CAB themselves can be hit and miss).

https://www.gov.uk/find-local-trading-standards-office

[Feelingdown]

Thank you for reply.
the wording was created by car dealer and he asked me to write it :
" I accept the sum of £330 in full and final settlement for vehicle nj15okm infiniti q50. I understand this settlement is in full and final settlement for any faults on this vehicle. It is now my responsibility to repair any current or future faults on this vehicle. The money is to be paid by bank transfer into the account details i have provided below "

I accepted his offer before I found out about injectors .
I have all emails , everything.

[des8]

OK, so depending on the seriousness of the threats you could claim the agreement was made under the duress of improper pressure.
You could further possibly make a claim for harassment and even report them to the police as it is a criminal matter

[Feelingdown]

Thank you. Shall I send him once again final etter of claim which I will be asking to pay for repairs I have done and the one which needs doing ? Or straight go onto MCOL ?

[Feelingdown]

I contacted trading standards - filled form online.
In meantime shall I contact car dealer by writting final letter of claim or start a claim on MCOL ?

[des8]

As the dealer has already acknowledged your letter before claim and told you to proceed to court there is little point in sending yet another letter.
Just make sure you word your claim correctly

[Feelingdown]

Thanks

[Feelingdown]

What your opinion of my particulars of claim ( I did some resarch here and found very good example) please?

Particulars of claim:

On 15 may 2021 the claimant purchased an engine Make & model from xxx the defendant for £5430
The defendant was in breach of contract as
the goods were not fit for purpose,nor of satisfctory quality, and were misdescribed as in Consumer Rights Act 2015.
The defendant has ignored the notices of rejection or repairs
Accordingly the claimant claims :
1 .the sum of £2800 ( cost of all reports , invoices and estimates)
2 . court costs

[des8]

You should number the paragraphs and add in some additional info:
I'm assuming the dealer was an individual, probably trading as eg Best Cars and would suggest:

1) At the material time the defendant was J bloggs t/a xxxx, a trader. and the claimant a consumer
2) On 15.05.2021 the claimant purchased......(include registration number)
3)The goods were not fit for purpose, nor of satisfactory quality, and were mis described.
contrary to the Consumer Rights Act 2015
4)The defendant has refused to accept rejection of the vehicle.
5) The defendant has made only a partial contribution to the cost of repairs
5)Accordingly the claimant claims
(i)...........
(ii) ..............
(iii) Interest pursuant to section 69 County Courts Act at such rate and for such periods as the court deems just.