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small claims court (threat) for missing car parts from sale?

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Hello,

 

I bought a car a few months back and part of the sale was for two sets of keys and some covers.

 

The guy never supplied this even though it was part of the sale. I've check with the garage to find out replacement costs as I wasn't going to bother. But now I know the key alone is £180 and the cover £70! That is a significant price in terms of the overall purchase price.

 

What options do I have to try and get these bits or at least the money to replace them back? I was thinking of threatening (in a non-aggressive way) small claims court action. But I don't really know if that scares anybody!?

 

Suggestions would be really greatly appreciated!

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What correspondance have you had with the garage so far to get them to supply these items?


7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Hi,

 

I realise I might have made this sound confusing.

 

I bought the car privately of a guy who is not a trader or anything.

 

The prices are from a dealership and are just my enquiries.

 

So it would be the guy that I would be 'threatening' with small claims court action and using pricing from the dealership as the base for the amount requested if he fails to provide the missing goods.

 

Hope that helps.

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OK - fair enough, same question remains though. What have you done so far to attempt to get these items, in terms of communication with the seller?


7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Oh, I see what you mean. I did try and call several times initially. And I asked a few people and they thought it was a fruitless ask. So I just didn't chase it.

 

It's been a few months since the sale and only when I decided to replace the key and cover that I found out just how much it cost. The car wasn't a high value car but it was sold with these as part of the deal.

 

Retrospectively I learnt a lot from it (like I should not have left until we either negotiated more money off or he went and found them and two I shouldn't have pressured myself into just completing the sale).

 

The small claims court is more to show him that I'm not messing around and he is taking the proverbial. I was very fair and understanding and though it would be reciprocated but I have learnt the hard way that it doesn't work like that with car sales!

 

I understand that it could end up costing me for the small claims court. But I would like to know if I could even entertain it.

 

Thanks for the interest MrShed.

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I certainly dont think it would be fruitless as it is clearly not sold as described.

 

Have you put anything in writing to him so far?


7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Hi MrShed,

 

I haven't put anything in writing. I did however create a receipt note at the time of the sale. Which did have a specific bit about parts supplied. I had the seller sign in two places to cover each part (the goods confirming it will be sold with and of course the cash received).

 

This is essentially the only evidence I have to say what the car was sold with. I have more proof that he was a dubious (he claims 'unknowledgable' seller) and one such thing is text correspondance.

 

I understand that I should write and ask for these items first before 'threatening' (i don't want trouble - just what I paid for) him with small claims court action.

 

The only thing the receipt states (which is hand written as he left it until that point to star shrugging shoulders) is that the cover and key and alarm cover note is to follow (my writing).

 

Please let me know if you need any more details.

 

Many thanks.

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You need to send him an LBA asking for the items within 14 days or you will be forced to pursue the matter further. After this, go to court.


7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Hi,

 

Could you clarify what an LBA is. On this forum it links to a sponsored pack only.

 

Many thanks.

 

I will post back once I hear back (hopefully).

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Letter Before Action - basically a "final demand" before you proceed to court.


7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Did you get this 'promise' to send on the keys and covers or monies in kind, in writing? I am asking because if you go to court and he says 'I never said that at all' you would not win.

 

I hope you do get it sorted because I had an almost identical situation a couple of years back when the second key wasn't sent on, and it cost me £146 to get a new one!

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This is my main concern, the paper work says to follow. But I guess he could argue that he didnt know.

 

I think this guy was a bit of a d!ck to be honest. Playing on the 'i don't know about cars' I had my suspisions after he started going from 'really good condition' to 'you may not want it when you see it so let me know'.

 

I don't want to go to court to be honest as this could get costly for me! more so then the cost of the key I suspect.

 

After I send a letter asking for payment or for him to send it. What are my next steps?

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