Wait for the defence...then you can review your position.

Andy

Thanks Andy,

I have read some advice on the consumer website on what happens etc, but at this point will the garage then write back with their reasons as to why they refuse to mediate/help and am I then given the option of pursuing further, or can I at least submit further evidence? On the initial claim, I put in as much as I could, but was restricted to how many words I wrote! I am hoping that my willingness to mediate helps me..

Thanks Andy,

 

I have read some advice on the consumer website on what happens etc, but at this point will the garage then write back with their reasons as to why they refuse to mediate/help and am I then given the option of pursuing further, or can I at least submit further evidence? On the initial claim, I put in as much as I could, but was restricted to how many words I wrote! I am hoping that my willingness to mediate helps me..

the garage have to file a defence

you'll exchange further stuff later at the witness statement stage IF it ever gets that far.

Question, Does any of the documentation you got from the dealership specifically state "Sold as Seen".? (not there solicitor letters)

Couple of link for you to have a wee read of:

Trading Standards Institute Advice: http://www.bromley.gov.uk/leaflet/309521/4/675/d

(have a good read of the "General Descriptions area especially the section titled "Examples of misleading actions:")

Citizens Advice - Problem with a used car: https://www.citizensadvice.org.uk/consumer/buying-or-repairing-a-car/problems-with-a-used-car/

the garage have to file a defence

you'll exchange further stuff later at the witness statement stage IF it ever gets that far.

hi DX

Once they submit their defence, am I right in assuming it is assessed and then some form of decision is made as to what to do next?

Stu - I cannot for the life of me recall seeing sold as seen in the description on AutoTrader, nor do I have paperwork to stipulate such other than a receipt to confirm the amount paid, how and who to. On the day of purchasing, I messaged my friend to let the know of the car I had purchased and attempted to use the images/link on autotrader to let them read over, however the advert was immediately removed. Thanks for the links!

" Once they submit their defence, am I right in assuming it is assessed and then some form of decision is made as to what to do next? "

Not really...you decide if you wish to proceed once you have assessed their defence

hi DX

 

Once they submit their defence, am I right in assuming it is assessed and then some form of decision is made as to what to do next?

 

Stu - I cannot for the life of me recall seeing sold as seen in the description on AutoTrader, nor do I have paperwork to stipulate such other than a receipt to confirm the amount paid, how and who to. On the day of purchasing, I messaged my friend to let the know of the car I had purchased and attempted to use the images/link on autotrader to let them read over, however the advert was immediately removed. Thanks for the links!

It might be worth looking at the Google "Wayback Machine" for Autotrader. http://web.archive.org/web/20170701000000*/autotrader.co.uk Look for a date a couple of days before you purchased the vehicle and if it's been indexed, you'll be able to see the advert. Got to be worth a look at least

That didn’t work however I contacted autotrader and received the ad:

THIS CAR WAS TAKEN IN PART EXCHANGE NOT MECHANICALLY CHECKED OR INSPECTED SOLD AS SEEN, no guarantee or warranty, HPi clear, 12mths MOT just done, some age related marks and stone chips, dent on pass rear wing see pictures, clean and tidy example, view and test drive before you buy, Air-Conditioning, Manual Air-Conditioning, Model 6000 CD/Radio, In Car Entertainment (Radio/CD), Electric Windows (Front), Air Bag Driver, Central locking, Power-Assisted Steering, Adjustable Steering Column/Wheel. White, clean example taken in part exchange, first to drive and view will buy, be quick clearence priced, £ p/x to clear

Has this weakened my chances?

I doubt is as it was sold by a dealer therefore covered by Consumer Rights Act 2015 and no such thing as "sold as seen" if sold by a trader.

Hi,

I received a further letter today from the courts requesting I complete a Directions Questionnaire, or ideally chose mediation (which I am happy with).

The defence is -

The car was advertised at a low price and was advertised clearly stating that it had not been mechanically checked or inspected. The defendant and her partner had little money and upon their inspection and test driving, purchased the vehicle.

It was not until November that the vehicle was taken to a garage despite, no advertised service history and being purchased in September.

 

By advertising the car as we did, the Claimant was fully aware that there was a performance and longevity risk in buying this vehicle. One which was prepared to take home at the time. That was her choice and it was also her choice not to at least take it for an immediate service given that there was no history. If her choices backfired that cannot be our responsibility.

 

The general doctrine of English law is that the courts will not interfere in contracts just because someone has made a poor decision or contracted themselves a bad bargain. We ask the court to uphold his long established principle and to deny the Claimant any redress now. She knew she was contracting for a vehicle that carried uncertainty as to performance at at a particularly low price to reflect that risk.

 

We have no evidence to support what is alleged.

There is no evidence because they refused any contact with us. I would of welcomed an arrangement where they had the car inspected.

I am happy to mediate personally, but from the above, I doubt they will do so. I found their defence somewhat insulting too!

Also the final paragraph - it isn't a poor decision (in some sense I suppose it is), but surely that can't change what's in black & white when it comes to legislation and responsibilities?

Any advice?

Thanks

Any advice?

Just make sure you complete the DQ and file and serve on time.

OP I think alot depends on how much you paid for the car. They cannot sell a car 'as is'.... but if it was only a few hundred then the age and price paid would be taken into account.

So how much was it? Having said that the advert would immediately ring alarm bells....they are virtually saying its not a very nice car!

Having said that you will probably win.

Just noticed £1100 paid.....in banger territory really.

Thanks for the replies. Yes, £1100 - I fully agree, banger territory! However, with a change in circumstances, it was a car that was appealing for what we needed it for, plus with the garage's reputation on top of that - we thought it would be a safe purchase. Lesson well and truly learnt.

The form has been sent off (recorded) and we have opted for mediation to see where that get us.

Will keep you posted.

Today I received a further letter from lawfistics with a copy of their form stipulating they would like to opt for mediation. Watch this space

Tomorrow we are partaking in mediation via telephone. I’ll let you know how it goes!