Rejecting a car within 30 days

[EnglandPi]

Who sent off the new owner slip from the registration document? Assuming you were given the registration document in the first place?

[FatAndAngry]

Who sent off the new owner slip from the registration document? Assuming you were given the registration document in the first place?

They did it online two days prior to the deadline for court action. You don't need to send the physical form away any longer.

[FatAndAngry]

Small update... We both ticked the box for mediation (despite them never having sold a car to me apparently ) but it turns out that the case is not suitable for mediation as I am not prepared to reduce the value of my claim. I was unaware that this was the case, but I am just a humble truck driver.

Looks like we're going to court, just waiting for the court to reply with further information.

[FatAndAngry]

Hello all

The judge has ordered an exchange of evidence and to both submit to the court in early May. I'll be putting this together in the next few days and I'd really appreciate one or two senior members giving it a look and advising on strategy for this stage of the process if possible. Thank you to everyone who has commented so far.

[des8]

Post up your redacted Witness Statement when ready, and someone will comment

[FatAndAngry]

Hi all, I attach a (hopefully!) redacted draft witness statement. The exhibits make reference to invoices and correspondence, hopefully it will make enough sense without them. Any and all remarks graciously received.

[des8]

Well you missed a trick there!
You purchased the vehicle without seeing it at a distance which gave you the right to cancel the deal within 14 days of taking delivery (cooling off period).
If you weren't told about your right to cancel, you have 12 months in which to cancel ( https://www.gov.uk/online-and-distan...the%20customer)

Your WS does contain a number of observations and comments which shouldn't be there.
Your statement should be completely factual, but eg para 11 your uncertainties of the reason for the defendant's actions are not evidential facts and such speculation should be avoided

Further I would delete "I consider my knowledge of vehicle defects to be above average owing to my employment of over 15 years as an HGV driver." from para 4.
Also I would delete para 12 &13 which are part of your claim and not evidence

[FatAndAngry]

Thanks Des8, I will amend the statement as you suggest. Good spot with the 14 day thing, but I suspect the result would have been the same with having to go to court. This company don't do consumer rights.

Para 11 now reads simply "I am the purchaser of the car, and reject this statement entirely" and then goes on to list all exhibits which prove me as the purchaser.

[FatAndAngry]

Quick question, should I just send the packs out ASAP or wait until nearer the deadline?

[des8]

Not sure how you are wording para 11 now, but assume it is along lines of:

On 24^th of March 2023 the defendant responded to the claim by saying “We have searched our records for the registration of the vehicle and we do not have a Mr M that we have ever sold a car to, therefore we have no option but to reject this claim”. This is in contradiction of exhibits 1a, 1c, 1d, 1e, 5, 6, 7, 9a, 9b, 9c, 9d)

I would not send WS until nearer the date

[FatAndAngry]

I will amend para 11 again in the way you have suggested. Thanks for all your help so far.

[FatAndAngry]

A potential development. I received a call from the car dealer out of the blue at the weekend. We have reached an agreement in principle (almost full value of the claim with costs and interest) and arrangements have been made to return the car on 4/5/23. The deadline set by the judge for documents is 9/5/23 which gives me a little time to submit them if there is any further skulduggery.

[des8]

Trust the car was returned without problems.

I would continue with the court procedure until such time as I had received payment, so file & serve WS tomorrow as the 9th is Tuesday following a Bank Holiday!
You can discontinue at anytime prior to entering court .... use form N279

[FatAndAngry]

Trust the car was returned without problems.

I would continue with the court procedure until such time as I had received payment, so file & serve WS tomorrow as the 9th is Tuesday following a Bank Holiday!
You can discontinue at anytime prior to entering court .... use form N279

Handover went without a hitch. We videoed the process for belt and braces and he paid me by bank transfer before he drove it away. I've drafted the N279 already, and am planning to drop it off at the court tomorrow (with a copy for him too, since he's only round the corner from the court)

Thank you for all your assistance.