POC for second hand car

[jodyperry]

I wonder if anybody could help me with the particulars of claim for a second hand car my sister bought. This is the letter i wrote and the only response ive got is that he handed it to his solicitor?

 

On 31/01/2012 I purchased, and tookdelivery of, the above Ford Galaxy from you. On 01/02/2012 I discovered that it was not of satisfactory quality. I went on to have the following repairscarried out.

2 Stabiliser links

4 New Heater plugs

Engine flush out with new oil and filter

New exhaust and clamps

Radio Fault

The garage also found but did not repairexcessive rust contrary to the advertised ‘rust spots on wheel arch’ andwindscreen seal was unattached.

I tried to contact you numerous timesbefore having any work done. I eventually got through to you after having tohave the repairs done and having to pay myself and asked to be refunded forthese works. You later declined in atext message offering just £100 towards the £350 repair bill.

In the meantime I have taken the car foran MOT and have been told that not only was the car not fit for the purpose itwas sold for but should in fact never of been sold in the dangerous conditionit was in. I am attaching a copy of theMOT report and was also told there is no report on the emissions due to thembeing unable to carry out the emissions test for fear of engine damage whenrevving, due to the knocking and vibrating of the engine as well as it droppingto 3 cylinders.

Section 14 of the Sale of Goods Act 1979requires dealers to supply goods of satisfactory quality. However, the vehicleis clearly not roadworthy. You are therefore in breach of contract.

I am legally entitled to reject thevehicle and to be reimbursed for its full purchase price of £1275. I lookforward to receiving your cheque for this sum within 14 days. If you fail toreimburse me I shall have no alternative but to issue a claim against you inthe county court for recovery of the money, repairs carried out and any courtcosts without further reference to you.

Any advice would be much appreciated.

[sailor sam]

You POC can really reflect what you have written in the letter in detailing the reasons why you are rejecting the car, the steps you have taken to attempt to remedy the situation with the trader, the costs of the repairs you have had carried out and the purchase price of the car.

 

You can also claim interest from the date the problems were first reported right up until the date of judgement or payment (which ever is sooner). more info here;

 

http://smallclaims.me.uk/index.html

 

I assume from you account that you didn't know the car was in such a dangerous condition when you had the repairs carried out and you only found out when the MOT was done?

 

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.

[jodyperry]

Yes it's made me really angry to find out after the bloke knew she was driving round with 4 children too, another reason I'm determined he shouldn't get away with it

[jodyperry]

Im a bit of a novice at all this and wonder if anybody could read through the poc i have drafted ?

 

On 31/1/2012 the Defendant agreed to sell and the Claimant agreed to buy a Ford Galaxy motor car registration number W86SNG which was offered for sale by the Defendant in his capacity as a motor dealer.

The Claimant entered into a written agreement with the Defendant dated 31/01/2012 to buy the car at the cost of £1,275. The agreement was signed at the Defendant's premises.

As Section 14 of the Sale of Goods Act 1979 requires dealers to supply goods of satisfactory quality, the claimant presumed this was the case. However, the vehicle was clearly not roadworthy and as such the defendant is clearly in breach of the contract.

On 01/02/2012 the claimant discovered that it was not of satisfactory quality and after failing to be able to contact the defendant went on to have the following repairs carried out at the cost of £350.

2 Stabiliser links

4 New Heater plugs

Engine flush out with new oil and filter

New exhaust and clamps

Radio Fault

The garage also found but did not repair excessive rust contrary to the advertised ‘rust spots on wheel arch’ and windscreen seal was unattached.

The claimant managed to get in touch with the defendant and requested a reimbursement and received a text message on 28/2/2012 offering £100 towards the costs.

On 347230948 the claimant took the car for an MOT and was told that not only was the car not fit for the purpose it was sold for but should in fact never of been sold in the dangerous condition it was in. I am attaching a copy of the MOT report and was also told there is no report on the emissions due to them being unable to carry out the emissions test for fear of engine damage when revving, due to the knocking and vibrating of the engine as well as it dropping to 3 cylinders.

On 19/4/2012 the claimant wrote to the defendant requesting a full refund under Section 14 of the Sale of Goods Act 1979. On 2323 The defendant replied saying that it was in the hands of his solicitors. That was the last contact.

THE CLAIMANT CLAIMS

1. The price of £1,275.

2. Costs of repairs totalling £350

3. The claimant claims interest under section 69 of the County Courts Act 1984 atthe rate of 8% a year, from 31/1/2012 to 3/5/2012 of £25.99 and also interestat the same rate up to the date of judgment or earlier payment at a daily rateof £0.28.

4. Costs.

Statement of Truth

I believe that the facts stated in these Particulars of Claim are true.

Dated this 26th day of April 20....

To the court and

to the Defendant

[sailor sam]

Seems ok to me. You must understand though that despite you having a good case, the court process may not be straight forward. Please keep us posted so we can advise you through it accordingly.

 

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.

[jodyperry]

That would be brilliant I presume I don't send all the mot ect paperwork at this point?

[sailor sam]

That would be brilliant I presume I don't send all the mot ect paperwork at this point?

 

No, not until the case has been allocated to your local County Court.

 

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.

[jodyperry]

Thank you I'll keep you updated

[ScarletPimpernel]

Grammar alert!

 

...never of been sold in the dangerous condition...

 

This should read: ...never have been sold. Getting it right helps you make the point better

[jodyperry]

Thank you appreciated lol x

[jodyperry]

Can anyone help i am trying to do this online but its saying exceeds number of lines?

[jodyperry]

Hi all the garage never responded to my claim so monday I requested judgement. It now says judgement issued and I have the option to Request warrant . Does this mean I've won by default and how long do u normally wait before requesting a warrant?

[sailor sam]

Once judgement has been entered you can issue a warrant which will incur a fee (recoverable). I would first apply to have examination of means hearing (previously known as an oral examination). The debtor has to attend this (although he gets 3 chances) and you can scrutinise his financial situation to establish his ability to pay. See the link below;

 

http://www.doyourselfjustice.co.uk/enforcing.asp

 

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.

[jodyperry]

So sorry for being thick but have I won my case now?

[oddjobbob]

Yes the case is wn by you.

 

But that IS NOT the same as getting paid I'm afraid.

 

You can send bailifs in (costs you) buut if they can find nothing of value that he owns then there's nothing you can do.

 

Te oral examination referred to above might help, but if he just claims to be penniless, what can yuo do?

[jodyperry]

its a garage and when we went to pick the car up there were plenty of other cars there? would that not be the sort of thing the bailiff can take? also i know now i can do this straight away as i have requested immediate payment but is there a 'Courteous' time to give him to just pay himself? also i obviously still have the car do i need to arrange returning it? sorry for all the clueless questions ;/

[oddjobbob]

He will just say the cars are not his and belong to someone else under a 'sale or return' basis - sorry!

 

No you don't take the car back as he won't be fixing it by the sound of things.

 

You can try the bailliff route, it MIGHT work, it might not... I hope so!

[jodyperry]

so how long should i give him before i apply to have examination of means hearing?

[sailor sam]

You can apply now. It is done under oath and the debtor has to provide evidence/proof so it's not as simple for the debtor as Bob suggests.

 

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.

[jodyperry]

Thank you everyone for your help im sure ill be picking ur brains again very soon :/

[Conniff]

He will just say the cars are not his and belong to someone else under a 'sale or return' basis - sorry!

 

 

He 'could' say that, not 'will' and if he does, then he has to show that to be true.

[oddjobbob]

He 'could' say that, not 'will' and if he does, then he has to show that to be true.

 

1. Possibly

2. I'm off to work so no time to check, but I don't think he has to prove anything.

 

3. But like I said i'm off to work so happy to be wrong, especially for this OP who has bought a right old shed of a car from some wide boy.

[sailor sam]

[/color]1. Possibly

2. I'm off to work so no time to check, but I don't think he has to prove anything.

 

3. But like I said i'm off to work so happy to be wrong, especially for this OP who has bought a right old shed of a car from some wide boy.

 

It's a formal hearing Bob and the debtor has to back up his answers with evidence. You don't think that courts just take people's word for it do you?

 

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.

[toll9]

I myself received judgment against, bailiffs sent in but received nothing. Would only take the matter further if I payed more money with no garantee of receiving anything. Good luck.

[oddjobbob]

Further to toll9 and sam.

 

I can only speak from experience.

 

Hve taken 5 non pyers to court for about £150 each over the years. I won every case by default. In fairness I never really expected to get paid and sent the bailiffs in.To which the response was 'not my MY TV its rented, not my settee, my mum lent us it, etc'.

 

I only took them to court so they got a CCJ and would find it hard to get credit, for £35 + a bit of bailliffs fees it ws worth it.

 

So by just sending the bailliffs in the debtor had to prove nothing.

 

And i can't see what would prevent a debtor lying at a hearing, i don't tihnk anything needs to be proved, just a statement of assets / income etc.

 

Which is a real pity for the OP if this does happen, the motor trade has a bad enough reputation as it is (justifiably in many cases) an idot like this dealer only make things worse.