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aradam

SOGA how much is the chance to win a court case

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I bought a 2004 Renault Scenic for £3500 on 21/02/2010 and while carpooling to work 28/06/2010, there was power loss and suddenly a lot of smoke, so I was able to park at a petrol station my car was towed by the AA to a local garage in Northampton.

After a day I got the verdict, the engine caused too much oil pressure, which probably destroyed the turbo and the intercooler; they gave me an estimate of around £3400 damage.

I contacted the dealer and he gave me a couple of phone numbers for Turbo equipment.

After that I sent the dealer an email that the car was not of satisfactory quality and that I wanted a replacement or my money back within 7 days.

After that I managed to contact him again, and he seemed to think the turbo was broken and according to him that could happen at any moment every day and that he received my email and was not planning to do anything.

I told him the findings of the local garage and he said he would call them and email me back, that didn't happen.

After the seven days I sent him the first letter, a copy of the damage report that I got per email of the garage (because the original was lost in the mail), and the last notice for court if there is no solution within 14 days.

Can anybody tell me how much chance there is to win a court case, and how long it will take, I really need a car, because my wife is disabled and I am commuting to work.

Edited by aradam
spelling mistake

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Have you got any written correspondence from the seller saying that 'he is not going to do anything'? Has the seller had an opportunity (or offered) to inspect the car? How many miles have you coverd since owning the car? Depending on the answers to these questions will determine what to expect.

 

From the info you have provided, you have done everything correct so far. The process begins with contacting the seller to give him the chance to rectify the problem. If he fails to resolve the matter, then you follow up with a recorded letter stating that you wish to formally reject the car under the SOGA which you appear to have done. Obviously you need to present copies of all correspondence.

 

In answer to you overall question will depend on the evidence you can provide showing that the fault developed from a problem which was present at the time of purchase (faults which appear within the first 6 months of ownership are assumed to be present at the point of sale). The seller (who becomes the respondent) will argue that you havn't checked the oil or something. Providing you know that you can demonstrate that there was nothing you could have done to contibute this happening then your chances are good but not certain. You can also apply for interest to be added to your claim from the date the debt originated. Time scale; the respondent will get 21 days (I think) to enter a defence. Mediation will probably be expected which means an 'interview' over the phone asking what either is prepared to do and not to do. If an agreement cannot be reached then it will be listed for a hearing which will now be about 8 to 10 weeks from the time you make the application. In the meantime, you could hire a car and add this to your claim but obviously there is the chance you could loose in which cae you would be picking up the tab for that as well.

 

Thats about it in a nutshell. Hopefully others will drop by and comment further.

 

__________________

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The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

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Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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We are pushing 5 months now so I think you will have been deemed to have accepted it and that would mean that you either get it repaired or replaced. Only if a repair will be too expensive will you be entitled to a replacement or your money back and that is the choice of the seller.

 

You might have good reason to get the car back on the road as quickly as possible, and court might seem the way to speed things up, but courts don't like being the first line of attack.

 

You should write to the dealer by recorded mail and explain what has happened and ask him his intentions for repair. You should not use the telephone unless you can record the call, but a hard copy is the best way to go.

 

When you get a response to that letter, then you can decide what to do which will depend on the reply given.

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Hi Sam,

I bought the car in Northampton, and I broke down in Northampton, It would have been easy for him to tow the car to his house and inspect it.

He never suggested anything, I bought a towing bar and towed the car to Milton Keynes, and it is still in the same state in front of my house.

I thought the car it was a bit slow from the beginning but I came from a Volkswagen Passat 1.8 turbo to a 1.5 Diesel and was not familiar with diesel engines, so I thought that was normal.

I took good care of it; I had an oil change, a cam belt change, new front brakes and disks all done by a garage from the good garage scheme, which I have the bills from.

Further I changed the air filter and glow plugs my self., I must have done 5412 in four months and before a large journeys I allways checked the oil, I once put in half a litre of oil.

The dealer never replied in writing I must have phoned him about10 times and sent him a couple of emails asking him if we could sort it out between us, I gave him a gesture to change the engine for a reconditioned one, so it was inexpensive for him but he didn't react at all.

We had a rough time through the credit crunch; I put all my savings in that car hoping it would last me at least 4 to 6 years.

I don't have any savings at the moment, so all my hope is to get my money back or get the car fixed.

 

 

Thanks for your reply

 

 

Rob

Edited by aradam

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Hi Conniff,

 

The last letter I sent was special delivery and was delvered 10/07/2010

 

Thanks for your reply

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Did you give him any time limit of a reply?

 

Is the car on finance and if so, is it HP or car loan?

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Hi Conniff,

 

I gave him 14 days, and I bought the car cash, I took a letter from the site for court information.

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Ok so you gave him untill July 24th. Don't know what you put in the letter but if it was good enough it's likely you will get some sort of reply. Lets see what happens and keep us posted if you do hear anything.

 

From what you have said about the 'maintainence' work you have had carried out backed up by invoices, your case seems pretty favourable to me. Personally, I would further contact the seller stating that as you are currently without transport, you offer him the opportunity to provide you with a courtesy car otherwise you reserve the right to hire a car and add these costs to your claim. As Conniff says, do it in writing.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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This is the letter I sent, I deleted the private details as I don't know if it can have implications by publishing

 

 

 

 

 

xxxxxxxxxxxx

xxxxxxxxxxxx

 

xxxxxxxxxxxx

 

xxxxxxxxxxxx

 

xxxxxxxxxxxx

 

 

 

 

09/07/2010

xxxxxxxxxxxxx

xxxxxxxxxxxxx

 

xxxxxxxxxxxxx

 

xxxxxxxxxxxxx

 

xxxxxxxxxxxxx

 

xxxxxxxxxxxxx

 

 

 

Dear xxxxxxxx

Final notice for legal action

I insert a letter I sent to you per email on 30/06/2010 which you confirmed per phone to have received.

Further I will insert a copy of the report of Nation Wide.

I have given you a reasonable opportunity to resolve my complaint. You have failed to do so.

I have now been left with no alternative but to seek legal redress through the courts. Unless this matter is satisfactorily resolved within the next 14 days I will instigate legal proceedings without further notice. The cost of this action will be added to my claim.

Yours sincerely

xxxxxxxxxxx

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That seems pretty clear to me and I think it will prompt a response. While you are waiting, I would have a word with your local trading standards/consumer direct to see what they have to say. It is quite obvious you are un-likely to get a adequate repair unless the seller supplies a replacement engine. Also there is the question of keeping you mobile. Trading standards my have an opinion about asking for a courtesy car or whether you can hire one and add it to your potential claim as I previously mentioned. If you are having to pay for taxis ect, keep receipts.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Thanks Sam,

 

I might rent a car for the weekend and keep the receipts, because of this my wife had to miss her dad's funeral we were not able to make it per train. for the rest I am quite lucky, because we were car sharing so I am able to get to work with my Colleagues, and for the rest we manage, it's just all the frustration and hassle, My main worry is to have a reliable car for the next couple of years, and not loosing out the savings I put in my car.

 

By the way I have been sailing the Dutch lakes for many years Sailor Sam

Edited by aradam

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Still no reaction, 3 days left, luckily we were able to rent a car for a four day brake last weekend, and waiting is not my strongest point.

He got his letter the 10th do I start the procedure at the 24th exactly or is it better after the weekend.

Edited by aradam

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I applied online to court with the following discription, I hope I did this correct, you could only use a limited amount of text.

 

21/02/2010 I bought a 2004 Renault scenic

with a mileage of 63000.

28/06/2010 on the way to work (Milton Keynes

- Northampton) the car broke down.

Suddenly there was loss of power and lots of

smoke.

The AA Towed me to the Nationwide garage in

Northampton

I got the news from Steve from the Nationwide

garage in Northampton that because of a high

pressure build up of oil in the engine, other

parts like the turbo intercooler etc were

damaged, to find the problem they had to

investigate what coursed the high pressure

problem, and the repair would probably cost

around £3400.

After approximately five requests for

solutions the defended didn't react on

anything.

I bought the car for £3500 and had to rent a

car for 4 days that cost me £103 and because

my wife is disabled she had to get a taxi to

do her shopping about twice a week that cost

her £8 every time that comes to £80.

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Did you also claim interest?

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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No I didn't, they asked a percentage, and I don't know much about those rates, is can't be much in 4 months, I just want a car again.

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No I didn't, they asked a percentage, and I don't know much about those rates, is can't be much in 4 months, I just want a car again.

 

Its normally 8%. As an example, if the amount being claimed was £3000 over 3 months you would have accumilated (so far) around £60 in interest. You could of claimed right up to the date of judgement or payment which ever is sooner. Pity you didn't come back and ask before making the claim.

 

You will be sent the relevant forms to complete where you can put your case in writing. Also, a court will be allocated your case near to your home. In addition to the actual money you are claiming (the purchase price), you can claim for any related out of pocket expences such as car hire but you will have to list these seperately on the claim. Obvioulsy you will also get the £100 court fee back if sucessfull.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice useful.


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Thanks Sam,

 

I gathered all my Correspondence, facts and figures, don't they need all those things?

All I did was applying the description to the online form as requested, and because I am desperate to get another car asap I did this Saturday as soon as I could, with a major head ache so I hope this description was accurate enough.

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Thanks Sam,

 

I gathered all my Correspondence, facts and figures, don't they need all those things?

All I did was applying the description to the online form as requested, and because I am desperate to get another car asap I did this Saturday as soon as I could, with a major head ache so I hope this description was accurate enough.

 

You will get forms from money claim (Northampton County Court) in due course as I said in my previous post. They will enable you to provide all the required 'facts and figures' to the court. If you want peace of mind, there is a help line you can ring for any questions you may have. I would imagine the seller will file a defence. If/when he does, come back and let us know.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice useful.


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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My car is still outside my house from before I started the court case, the dealer hasn't shown any interest till now do I have to do anything about this as I refused the sale?

I had to tow it home because the garage where it was needed the space and the dealer didn't react on my emails.

Edited by aradam

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Yes I completely agree, the most normal things become huge tasks, getting to the shop, taking the kids out I can't imagine being a year without a car, if it will take that long I probably find money somewhere and buy a reconditioned engine and try to get those costs back via court.

I probably have to find another job soon because they are going to outsource my department, then I want to be mobile again, now a days you need a second mortgage be able to afford the prices of public transport.

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I didn't get any response at all till now, Saturday will be the deadline to requests judgement, if the dealer doesn't react, what happens next?

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I didn't get any response at all till now, Saturday will be the deadline to requests judgement, if the dealer doesn't react, what happens next?

 

Does that mean you have had a response? If so please let us know what it is. In answer to your question, you ask the court to enter judgement and after that you can apply for a warrant of execution which allows the bailiffs to go in. Personally, I would first apply for an 'oral examinaition into the respondent's means' which will involve a formal hearing which the respondent MUST attend. He will have to answer (under oath) any questions about his finances and whether he is able to pay or not. He will be expected to make you an offer there and then. Contact the court for more information and there will be a charge for this which gets added on to your claim.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Thank you Sam

 

I had no response at all, since 30/6/2010 when I sent him the first official letter; I am just a bit low on cash and want to know what is coming, so I can prepare myself.

He is still selling cars so I guess he has money http://www.autotrader.co.uk/dealer/282798/stock/used/cars

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Unfortunately there will be a fee for issuing a warrant of execution so you could skip my suggestion and just go for it. What you don't want to happen is for the respondent to say he is in debt up to his eye balls and can't pay you. The cars he is selling may not actually belong to him. My suggestion (although it would be an additional cost) may of prevented him from using these 'loop holes' because in an oral examination hearing, he has to prove what he is saying. having said all that, I doubt whether a CCJ will do his business any good.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Nationwide are known for quoting over and above every one else. I strongly recommend that you get another mechnic to look at it and give a quote. Don't mention the Nationwide quote.

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