Derby Car Centre Ltd/Pride Park - Vehicle Not Fit For Purpose***Judgment/paid in Full***

[Laura Cooke]

Is it a N1 form or money claim online to put a claim in think N1 would be better the court might help me as this online thing no idea what to put on it for the interest any idea what a solicitor would charge to help keep looking online till I am blue in the face not finding answers to anything other than the cost being £410 to put claim in online and £455 at court that is about the only thing I can find out

[Conniff]

You haven't had an expert respond for a while Laura so I'm gong to flag this up for you.

[Laura Cooke]

No one seems to be sure about anything hence why the claim is nearly a year old and not done the small claims yet as so unsure what I am doing and everyone I ask give conflicting advice, answers I would like are below

 

Date money became owed to you? (Is this the date the vehicle was rejected which is when letter was sent to garage November 2014)

 

Date you are issuing the claim (I assume this is a date this week when I have finished completing it?)

 

Claim amount: (Is this the amount the vehicle cost + the part exchange difference in what the garage gave for the other vehicle + storage costs per day for storing the broken down vehicle + cost of postage & calls) Total= £4,524

 

Daily rate of interest up until judgement (No idea what this is as how do you know when judgement will be?)

 

Then statement what particulars do you put here? (Would this be date of purchase date it became faulty and telling the court you wrote letters telling garage you wanted a refund and dates and garage ignored them put vehicle in storage because had nowhere to store vehicle as garage failed to show to inspect vehicle and sent the garage a copy of an independent inspection stating vehicle unroadworthy, eventually garage collected vehicle May 2015 and they not been in touch since, sent them one more LBA and garage now state vehicle will be repaired when they hear from us failure to do so they will charge storage) is this what we put on statement as not sure what is relevant and what isn`t.

 

Thanks Connif finding this so stressful even as much as not knowing if it is a N1 I fill in or MCOL

[The Mould]

Hi Laura

 

I am reading through your case and once I have done that, I will help you with your statement of case (particulars of claim).

 

Kind regards

 

The Mould

[steampowered]

Use money claim online, not the form N1.

 

Just write on the form brief details of what you are claiming for.

 

If you have rejected the car, you should claim the cost of the car back.

[steampowered]

Date money became owed to you? (Is this the date the vehicle was rejected which is when letter was sent to garage November 2014)

Yes, put the date of rejection of the vehicle.

 

Date you are issuing the claim (I assume this is a date this week when I have finished completing it?)

Date on which you file the MCOL.

 

Claim amount: (Is this the amount the vehicle cost + the part exchange difference in what the garage gave for the other vehicle + storage costs per day for storing the broken down vehicle + cost of postage & calls) Total= £4,524

You are claiming for the financial loss you have suffered. The idea is that you should be put in the position you should be in had the garage performed the contract. Certainly claim for the cost of the vehicle, storage costs, postage and calls.

 

To be honest I don't really understand the point being made about part exchange. If the old car was sold for £1,700 already I don't really understand why that is relevant to the rejection of the new car. Perhaps I am missing something.

 

Daily rate of interest up until judgement (No idea what this is as how do you know when judgement will be?)

You get 8% per year interest. Multiply the sum you are claiming by 0.08 then divide that by 365 to get the daily rate.

 

Then statement what particulars do you put here? (Would this be date of purchase date it became faulty and telling the court you wrote letters telling garage you wanted a refund and dates and garage ignored them put vehicle in storage because had nowhere to store vehicle as garage failed to show to inspect vehicle and sent the garage a copy of an independent inspection stating vehicle unroadworthy, eventually garage collected vehicle May 2015 and they not been in touch since, sent them one more LBA and garage now state vehicle will be repaired when they hear from us failure to do so they will charge storage) is this what we put on statement as not sure what is relevant and what isn`t.

You put a brief explanation of what has happened and what you are claiming. Write something like this:

- The Claimant bought a car.

- Pursuant to the Sale of Goods Act 1979, it was a term of the contract that the car would be of satisfactory quality and fit for purpose.

- The car was not of satisfactory quality or fit for purpose because [insert a brief explanation of what was wrong with the vehicle.

- Accordingly, the car was rejected on [insert date]. The car was duly returned to the Defendant on [insert date]. Therefore a full refund of the car price of [insert amount] is due to the Claimant.

- In addition the Claimant has incurred the following costs: [details of other costs].

 

You can amend it to add extra details, but don't go mental. You don't get a lot of space on MCOL.

 

Thanks Connif finding this so stressful even as much as not knowing if it is a N1 I fill in or MCOL

You should use MCOL.

[Laura Cooke]

The vehicle was £2995 so we claim that back? what about the storage costs of £1494 and postage/calls put down £30 in the LBA recently sent total of claim £4519

 

(Though in LBA put down £4524 we put cost of replacement vehicle £3,000 and the difference between that and the faulty vehicle £300) was charged £2,700 for the vehicle purchased as garage gave £295 for part exchange vehicle

 

What is yearly interest at 8%

 

What is daily interest at 8%

 

Please would someone tell me if I am correct yearly 8 % interest on claim £4519 = £123.80

Daily interest 8% = £9.90

 

I am putting claim at £2995 for the vehicle, £1494 storage costs for unroadworthy vehicle as garage ignored requests to inspect it or collect it and postage/calls £30 total claim=£4519

 

Is date money became owed date when you rejected vehicle back in November 2014 when the LBA was sent?

Daily rate of interest to judgement will this be the dates between November 2014 up until the day the claim goes in?

[The Mould]

The date the vehicle was rejected is the date the money became due and owed by the garage.

 

 

Daily rate of interest to judgment is from date of your (your brother-in-law’s) claim being issued (sealed) until the date of judgment being handed down on the case.

 

 

Will post again as regards helping you to set out your statement of case, this is likely to be on the morrow if that’s alright with you.

 

 

Kind regards

 

 

The Mould

[steampowered]

The vehicle was £2995 so we claim that back? what about the storage costs of £1494 and postage/calls put down £30 in the LBA recently sent total of claim £4519

 

(Though in LBA put down £4524 we put cost of replacement vehicle £3,000 and the difference between that and the faulty vehicle £300) was charged £2,700 for the vehicle purchased as garage gave £295 for part exchange vehicle

Don't worry about the LBA. Just claim for the loss you have suffered. Yes you include the price of the vehicle, storage costs and postage/calls.

 

I would claim the whole £2995 and ignore the part exchange. I see the part exchange as a separate transaction.

 

What is yearly interest at 8%

 

What is daily interest at 8%

That is the interest rate applicable until the date you receive payment.

 

Please would someone tell me if I am correct yearly 8 % interest on claim £4519 = £123.80

Daily interest 8% = £9.90

No, 8% of £4519 is £361.52. That is the annual interest. Daily interest is 99p.

 

Is date money became owed date when you rejected vehicle back in November 2014 when the LBA was sent?

Daily rate of interest to judgement will this be the dates between November 2014 up until the day the claim goes in?

Yes, interest runs from the date of rejection of the car.

[Laura Cooke]

Thanks Mould and Steampower so I had got the interest wrong and probably parts of the LBA what I requested back is slightly wrong have got a copy and paste of the whole case but would not want to put this on here thanks for the support

[steampowered]

Hi - it doesn't matter if you made minor errors on the LBA or if you calculated the interest a little bit wrong. This does not detract from the key point of the claim (i.e. you want a refund for the car).

 

You may proceed to complete the form on MCOL with the correct amounts.

[Laura Cooke]

Hi Steampower I have partially filled it in Mould as kindly offered to do statement of case waiting for that, I think relative will just pay the fee they have been off sick from work for a few months I should imagine to claim free court fees it is an hassle

[steampowered]

The explanation you write on the MCOL form is your statement of case (there is a very short example in my post just above).

 

I think relative will just pay the fee they have been off sickicon from work for a few months I should imagine to claim free court fees it is an hassle

I would have thought it is at least worth a phone call to the court.

[Laura Cooke]

Sorry I never saw the statement of case you wrote above, yes will ring the court and ask many thanks really appreciate knowing I am not alone as it is obvious you have a wealth of knowledge and I have very little

[Laura Cooke]

"To be honest I don't really understand the point being made about part exchange. If the old car was sold for £1,700 already I don't really understand why that is relevant to the rejection of the new car. Perhaps I am missing something."

 

Garage sold relative vehicle costing £2995 they gave him £295 for his old vehicle which relative told them needed extensive welding so paid £2700, storage garage where we took vehicle when it was declared unroadworthy saw the part exchange vehicle for sale for £1,700 odd same week as relative was given £295 for it but we have no proof of this, one thing is for sure though they could not have carried out all the work it required

[Conniff]

You are making it difficult by running one thing into another. If you stick with one bit at a time life will be easier.

 

Your relative saw a car priced at £2,995. When he enquired, he was told they would give him £295 for his old car so he must have given the seller £2,700 and the deal was done.

 

When you reject that new car, you are entitled to the money you paid plus your old car back but in this case it has been sold so you are entitled to the full £2,995.

 

If he sold your old car for £1,700 and you could prove that, then you would be entitled to the £2,700 cash you handed over plus £1,700 the amount he received for your old car.

You say you can't prove what he sold it for, so forget that and your claim will be for £2,995 plus your other expenses.

[Laura Cooke]

Yes agree just wanted to clarify what I meant about the part exchange

[The Mould]

Hi Laura

 

 

I have begun on the draft of the statement of case for your brother-in-law and upon completion of it, I will post it here for his amendments/approval. Before that time though, may I respectfully ask you a few questions that are material to this dispute, I hope you do not mind but I must make these inquiries as the Court will make the same and question your brother-in-law on the same, that is, if the matter should proceed to trial.

 

 

OK, in the first instance, can you please post up (by PDF) the contract to which this dispute relates, minus all personal details, and of course if your brother-in-law has no objection to this.

 

 

Secondly, you say that your brother-in-law had to purchase another vehicle (“the 3rd vehicle in this matter) as a result of the fundamental breach of contract by Derby Car Centre, in this regard, what was the purchase price of the 3rd vehicle?

 

 

Thirdly, as regards the previous owner of the car purchased by your brother-in-law from Derby Car Centre, can you please request the previous owner to provide you with a witness statement to confirm the defects of the vehicle in question and that Derby Car Centre held full, intimate, knowledge of the same at the point of sale thereof to your brother-in-law.

 

 

Fourthly, the Court will want an explanation as to why your brother-in-law did not instruct a Breakdown & Recovery Co to tow the purchased vehicle and return it back to Derby Car Centre, please ask your brother-in-law as to why he did not take this course as opposed to placing said vehicle in storage for 6+ months. This is not a trick question from me, as the innocent party, the Court will want to know what action your brother-in-law took in order to mitigate his losses.

 

 

Fifthly, notwithstanding your brother-in-law exercising his strict legal rights under the contract, statute and common law as to his entitlement to rescind the contract on grounds of Derby Car Centre’s failure to perform its obligations thereunder, what reason(s) have been given by Derby Car Centre as to their claim that they were prevented access to the said vehicle for the purpose of taking it back to their Depot for the required repairs.

 

 

In any event, the vehicle was rejected promptly and the contract thereon validly rescinded.

 

 

OK Laura, come back then and please provide the answers to the above as soon as is practical for you to do so and then I will be able to finish the draft of the statement of case in full for your brother-in-law’s perusal, check, amendments (if any) and approval.

 

 

Godzilla

 

Kind regards

 

 

The Mould

[Laura Cooke]

Just finishing claim off to send where it says sign do you just type claimants name in the box? eg (Mr A Smith)

[AndyOrch]

Are you not submitting your claim on line Laura ...MCOL?

 

Andy

[Laura Cooke]

Yes Andy thanks for responding it was MCOL I have sent it and just put name eg Mr A Smith

[Laura Cooke]

Just looked for an online update garage had till 31st October to put in a defence no idea what they have done if indeed anything it says online do you wish to enter judgement. Saw Derby Car Centre featured on Watchdog I should imagine it featuring a vehicle breaking down after leaving the forecourt rings a bell with many disgruntled customers, XXXXXXXX should be heading back to prison he as ignored the court order placed on him to sell roadworthy vehicles and to deal with customers complaints never come across anyone as arrogant as him.

Edited November 1, 2015 by Andyorch
Name removed

[AndyOrch]

Yes Laura enter judgment.

 

Regards

 

Andy

[Laura Cooke]

Thanks very much Andy could you tell me what will happen then, it is so frustrating that they let it got this far instead of paying up

[Laura Cooke]

You can only request Judgment by default if the required number of days have passed. (This is the message coming up when I am trying to enter judgement you have 3 options to jointly enter it against the company and the director or one of them. 14 days has passed as a response was expected by 31st October)