Fiat Car Purchased As Taxi Dealer Not Responding Legal Advice Needed

Lord Love Rocket · 17th March 2008, 14:49

Hi,

Hope somoeone out there car give me some advice.

I purchased a brand new car to be used as a Taxi in June 07. All was fine until Dec 07, car wouldn't go into gear. Beacuase of Xmas period purchasing dealership couldn't get in until 4th Jan, however my local main dealer was able to get in on the 28th Dec. Car booked in and new Clutch fitted. 2 weeks later same problem happens again. Again new clutch fitted. This time it only lasts a week. This gets the Dealership thinking that maybe there is something seriously wrong. They approach Fiat and Fiat send one of there Technical Specialists down, he looks at it for 2 days can't come up with an answer. The following week they send down another Specialist who believes that Fiat have a batch of faulty Clutches, they order a newer batch fit the Clutch and I am advised they suspect all is well. Now by this period I have had in total 5 Clutches and the Dealership has had my car for approx 2 months, without supplying me any courtesy car. This has meant I have lost work, and have had to hire out another car myself to keep me working.

A this stage I have lost faith in Car/Dealership/Fiat. I have advised them in writing that I have rejected the Car under the Sale of Goods Act as the Car is not fit for the purpose it was sold. I have written to the Dealership/Fiat & the Finance company, however am getting no responses other than the Delaership saying its a Fiat issue and Fiat saying its a Dealership issue.

I have now had enough and have now cancelled the Finance payments.

The Finance company who have joint liability with the Dealership, have tried to contact the Dealership, however they are ignoring them as well. They have advised me to take legal action against the Dealership and this should force an outcome.

My questions to you are:

1. I want to take to court over Breach of Contract & sue for Loss of Earning. Can I do both in the 1 Court Case? If so do I only issue 1 set of papers at the Court?

2. I have attended my local Court and have obtained a Claim Form, however not entirely sure how to complete. Can anyone give me a link, or assistance as to how I should fill out.

Thanks in advance for your assistance.

old_andrew2007 · 21st March 2008, 21:24

Conniff · 21st March 2008, 22:13

Quote:

The Finance company who have joint liability with the Dealership

That should read 'Joint and several' liability, you can claim from either. It seems the finance company would rather you took the dealer to court, it saves them the bother and the loss.

Lord Love Rocket · 26th March 2008, 12:23

The Finance Company have informed me that if it does goes to Court (It will as I have today submitted papers, unless Dealership coughs up before court due date) they will stand with the Dealership against me. So I am expecting to see both of them when I go to Court.

Conniff · 26th March 2008, 13:21

I can't see why the finance company are standing with the dealership, they know nothing about it.

Good luck with this Rocket and please come here if you require any assistance with drafting letters or court papers. There are a lot on here who know their stuff and will assist in any way they can.

Keep us updated as often as you can as well please.

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