Help with car dealer

[echat11]

Don't forget the Statement of Truth at the end, with date and signature. Keep refining until it's right. Once you've done it, leave for few hours, return re-read it, you know if it's right.

[Feelingdown]

Thank you so much.

[Feelingdown]

I will try do this week or if not I will do it this weekend .

[echat11]

I will try do this week or if not I will do it this weekend .

The important thing is not speed, but getting it right.

There are some pointers added to Des8's instructions -

https://legalbeagles.info/forums/for...aim-needed-pls

[Feelingdown]

Hi
I preapared Particulars of claim. I also wrote Letter of claim. As the first letter of claim was sent in june , then I accepted that car dealer sort of settlement before I found out cause of the wibration. I know the car dealer will reject my letter but I think it will look in front of judge that I follow the right route .
Will you please check it for me , any advice / adjusments highly appreciated ( unfortunately english is not my first language and I m struggling in that law language a bit ) . Thanks

[Feelingdown]

Any advice on my letter of claim and particulars of claim ?
much appreciated

[echat11]

As you are aware, on 22 may 2021 you sold me a Infinity Q50 vehicle for £5430. Within a very few days, the car displayed various defects.

On inspection that I have had carried out, it has confirmed a number of very serious issues, not the least of which are a brake system which was one down to the metal, vibration on the idle. In fact car was not road worthy condition. There has been a substantial amount of correspondence between us which you are fully aware. In the correspondence the problems with the vehicle sold to me had been highlighted numerous times.

I should point out that the faults contained in this list are simply those which were identified fairly quickly and later on I discovered others issues. I was advised not to drive the car because it was in dangerous condition and additionally that there is a risk that the problems could get worse.

The MOT confirmed the bad brake system was dangerous, also the rear tyres were close to legal limit, brake caliper needed replacing otherwise there was a very high risk of rear brakes will go down to the metal again. I also paid £90 for an inspection to find out the cause of the vibration which is faulty injectors and will cost £1559 to replace.

Also you didn't provide oil and filters as promised in the advert. You used my name and first letter of my surname and you created false review on internet. The Consumer Protection from Unfair Trading Regulations 2008 prohibits unfair commercial practices and faking online reviews is no doubt unfair.

There was extensive exchange of messages between us. Messages from you were extremely threatening and I was very frightened, I got so concerned about the threats you were making so when you offered £330 in settlement of everything I accepted it. I have already written to you and pointed out that under the Consumer Rights Act 2015 I was entitled to a refund or repairs.

You have refused to carry out your obligations under the Act and given a variety of excuses including that apparently the sale was a "trade sale" and therefore for some reason you had no liability for selling a car in a dangerous condition. I'm asking you again to refund me all cost I accured so far, plus the cost of repairs the car required, in total of £2783.

I enclose copy of all costs. I'm giving 14 days to respond . If not I shall issue legal proceedings against you in the County Court without any further notice. These legal proceedings will include references to your statutory obligations under the Consumer Rights Act 2015, your selling of an unroadworthy vehicle which is an offence under the Road Traffic Act 1991 and also unfair trading under The Contracts Protection from Unfair Trading Regulations 2008.

If this matter goes to court and the judge accepts my position that the car was sold in unroadworthy condition then you can be certain that I shall be referring this matter to the Leicestershire Trading Standards and I'm sure that they will be prepared to take the necessary action.

[des8]

echat11 thanks!

Send the letter if you want.
If he doesn't respond and you proceed to court we will deal with your PoC then

[echat11]

echat11 thanks!

Send the letter if you want.
If he doesn't respond and you proceed to court we will deal with your PoC then

No problem.

[Feelingdown]

Thank you

[Feelingdown]

Hi
I sent letter of claim but the car dealer like I expected refused pay for repairs . I enclose copy of letter of claim. The deadline is on wednesday .
Can you please help me with POC please ?

[echat11]

Hi
I sent letter of claim but the car dealer like I expected refused pay for repairs . I enclose copy of letter of claim. The deadline is on wednesday .
Can you please help me with POC please ?

Can you remove the personal details and upload again, then we can have a look.

[Feelingdown]

Ofcourse but I dont know how to remove it on here

[echat11]

Ofcourse but I dont know how to remove it on here

Use the edit button, that should allow you to delete.

[Feelingdown]

Will you delete for me please as I dont know how to do it .
I copied letter of claim below .


Letter Of Claim

As you know, on 22 May 2021 you sold me an Infinity Q50 vehicle for £5430. Within a very few days the car displayed various defects and and an inspection I had carried out confirmed a number of serious issues not least of which is a brake system which was worn down to the metal, vibration on the idle. In fact the car was not in a roadworthy condition. There has been a substantial amount of correspondence between us and you are fully aware of the problems that there are with the vehicle that you sold me. You used my name and the first letter of my surname and you created a false review on the Internet. The consumer Protectionfrom Unfair Trading Regulations 2008 prohibits unfair commercial practises and faking online reviews is no doubt unfair. Messages from you were extremely threatening and I was very frightened. I got so concerned about the threats you were making so when you offered £330 in settlement of everything I accepted it . Ridiculous intimidatory deadline I was given by you -offer was valid till midnight thay day we spoke over the phone.I had already written to you and pointed out that under the Consumer Rights Act I was entitled to a refund or repairs. You have refused to carry out your obligations under the Act and given a variety of excuses including that apparently the sale was a "trade sale" and therefore for some reason you had no liability for selling a car in a dangerous condition. I am asking you again to refund me all cost I accrued so far plus cost of repairs the car requires to a total of £2668. I enclose copy of all costs. I am giving you 14 days to pay. If you do not I shall issue legal proceedings against you in the County Court without any further notice. These legal proceedings will include references to your statutory obligations under the Consumer Rights Act, your selling of an unroadworthy vehicle which is an offence under the RoadTraffic Act and also unfair trading under the Contracts (Protection from Unfair Trading) Regulations 2008. If this matter goes to court and the judge accepts my position that the car was sold in unroadworthy condition then you can be certain that I shallbe referring this matter to the Leicestershire trading standards authorities and I am sure that they will be prepared to take the necessary action. I m also sure your mates Paul and Jignesh will be happy to describe to you what life in the nick is like.
I am claiming :
Repairs already carried out -£327
Repairs needed -£2137
Cost of inspections -£114
Cost of MOT -£35
Cost of oil and filter not provided by car dealer -£55
Total -£2668 (less your £330 partial payment)


Yours sincerely

Xxx