Brakes failed - car purchased Feb 2019 - Dealer ignoring me

[Shonny]

Good Afternoon all.

 

Please forgive my naivety, this is my first post and I would really appreciate some advice. 

 

I purchased a Ford Ranger 2015 plate from Ron Whites Trade Cars in Wakefield on 18th Feb this year.
I paid £6,700 on debit card and was given £4000 trade in for my 2010 Nissan Navara, so £10,700 in total. Inclusive of 6 months 3rd party warranty.

 

I had recently been diagnosed with secondary cancer in my bones (including spine which affects my mobility) and needed a reliable vehicle to travel to and from hospital of which I made him aware of. Also that I have several dogs and horses and therefore needed a pick up. 
My dear Dad helped me with the cost of the car. 

 

At my request, he put a new MOT on it and I collected it a few days later. 

 

On Thursday 9th May, having driven no more than 500 miles from collection,  I was driving at about 45 MPH, when I was approaching a 30 MPH zone and a busy crossroads, and went to apply the brakes. The brakes failed (as in nothing at all) and I had to slow the car through the gears and apply the handbrake narrowly missing several cars.  I can't tell you how frightening it was, and I have been scared driving since. 

 

I called Ron Whites Trade cars ltd and spoke to the dealer.  He told me to call the warranty company. Which I did. They advised me to call a tow truck and tow to a VAT registered non-main dealer. 

 

The warranty company - clearly not worth the paper it is written on - said I need to show full service history. I realised then (my bad) that it never came with FSH, despite the advert declaring that it did. I have screen shots of the advert that verify this.

 

The garage where it was towed to called me the next day and asked how long I had had it. I explained not long. Their head mechanic said an unaligned fitted part - fitted prior to purchase (vacuum pump to brake servo?) has caused the damage and it was likely to be a very large bill. He advised me to call the dealer and under the CRA 2015 ask him to repair it or reject it. 
 

I called him back and without going into details - he refused to help. The mechanic from where it is currently sat also had several conversations with him. Apparently the dealer became quite threatening and abusive.  The mechanic advised him to come and collect the car and repair it as he should do under CRA 2015. The conversation ended with the dealer telling him to just fix it and bill me. 

 

I emailed and sent a recorded letter on 10th May, advising them to collect the vehicle and repair it or pay the garage where it currently stands or I shall take legal action. 

 

I heard nothing.  

I am now going to authorise the garage to carry out the repairs and will be seeking costs through the small claims court. 

I have researched the company and they have a large selection of vehicles, last assets were recorded at just under £600k.  Most of the stock is stored at the Director's home address. Which is where I purchased the car from. Although the receipt states Ron White Trade Cars Ltd. 

 

I desperately need the vehicle and although I have an old Peugeout 106 as a loan car - I can't possible carry out my hobbies and usual daily life in it.  
My poor Dad is lending me the money to repair it. 

 

My questions are: 

A) Can I start the small claims process now? The reason is that I have a DS1500 form - which basically means I may have less than six months to live - but hopefully more! Could the case be expedited in order I can settle things sooner for obvious reasons? 

B) Do I sent another email/text advising that tomorrow I will start the claim?

B) I have no idea what the total bill will be until the car is fixed - so do I claim an 'undisclosed amount?'

C) What wording do I put on the form - what detail should I absolutely not miss out? 
D) The registered address on Company House is that of an office elsewhere. I assume the accountants address. I collected the car from his home address (approximately 30 other cars were there) so can I send the court papers to this address?

E) Who do I put on the papers? Ie Ron White trade cars ltd. Or the director I dealt with (of which there are 3) 

F) I have been advised to get an independent report - but this is going to delay the process even further. The mechanic has advised he will take photos and written evidence. Would this suffice before a judge? 

 

I'm very grateful to anyone who has read this, and apologise for such a long post. 

Many thanks 

 

 

 

 

[BankFodder]

Well I'll deal with the questions as well I can.

Normally speaking you would be required to give 14 days notice. This is a protocol and so it's not completely fixed. I would suggest that you at least give seven days' notice so if you give notice today by email then it would be reasonable in the circumstances to begin an action next Monday. I will explain in the email why you are shortening the normal period of notice and also point out to the fact that he has been uncooperative so far whereas the circumstances are extremely clear and your rights under the consumer rights act are extremely clear.

I don't know any way that the case could be expedited – but certainly when you receive the directions questionnaire then you should explain to the judge at that point the urgency of the situation.

You will have to put some amount so if I were you I would estimate the maximum amount of likely damages and then claim for a figure "not exceeding £XXX". Of course that will mean that you will be paying a higher claim fee. You could explain in your letter of claim that this is what you will be doing and why you're doing it.

You don't need to put a lot of detail at this point.

Quote

The claimant purchased a motorcar registration XXX from the defendant dealer. Within XXX weeks, the vehicle suffered a catastrophic brake failure and is undriveable until it is repaired. Furthermore the vehicle was advertised with "full service history" but in the event this was untrue.
The defendant has refused to carry out repairs or to discuss the lack of full service history. The claimant has been unable to ascertain the exact cost of repairs and independent report and so is seeking damages not exceeding £XXX to be confirmed as soon as possible.

Have a look at that and see if it sums up your case correctly.

Sue them at the registered address.

Get all information you can from the mechanic including photographs et cetera. Also get your independent report. You were not needed at this point to issue the claim but it will be extremely helpful later on. You will be able to claim for the cost of this as well.

 

[Shonny]

Many many thanks for the reply. 

 

I have already given them 7 days notice on 10th May. Which they have not responded too. 

 

If I sue at the registered address (likely to be accountant) and I win and they don't pay,  how would baliffs be able to collect, as their stock is at a home address?

 

Best wishes 

[BankFodder]

Did you explain in your letter of action that it was going to be a foreshortened letter of claim and the reason why? It might simply be an idea to do that so that everyone is clear – in case there is any challenge in court.

In terms of seeing at the registered address and enforcement – this is a good point. If you are sure that the place of business is stable and unlikely suddenly to be changed then that would be a good thing to do.

On the basis that you win, you should not have this enforce by bailiffs. Because it is clear that the value of the claim is more than £600 you should have the matter transferred up to the High Court and enforced by High Court Enforcement Officers

[Shonny]

Hi Bankfodder, 

 

Once again many thanks. 

 

In my email and registered letter I made it clear that if they didn't collect and repair the car - or pay the garage where it currently sits - to complete the repairs, then I would start legal proceedings on Monday 20th May. Effectively giving them 10 days to reply. 

 

Which they ignored. 

 

I have printed their up to date stock list, which is vast and according to the last accounts filed with Company House,  they have plenty of registered assets -  I am confident it would not be financially viable to pull a Phoenix over a claim of this size. 

 

I just really don't need this stress. As you can imagine.

[Shonny]

Good Afternoon all. 

 

Just an update on this one.

I have the truck back. I waited two weeks to RW to collect and repair it. 

The final bill came to just over £1,400. 
Again, I emailed the dealer and said I would be prepared for them to settle this paying for the repairs. 
Or I would start court proceedings. However, I would claim my additional loses such as loss of earnings, invalid warranty etc etc. 

 

I have received the following letter. 

To point out their errors - I paid £10,700 for the car as I traded my car old car in. 

Not sure what high flying solicitors makes out that a 15 plate car is 8 years old!! 

 

I really need to get moving on this - for obvious reasons. Any pearls of wisdom greatly appreciated. 

 

 

Dear Madam, Our Member: Ron White Trade Cars Ltd Re: Ford Ranger, Reg No. FG15 **K

 

We have been consulted by our above named member. We are a trade association tasked with providing advice and assistance to our above named members. We refer to your email dated 30 May.

 

First, we note that the above mentioned vehicle was sold to you on the 13 February 2019 for the price of £7,200.00. At the time of delivery the vehicle was more than eight (8) years old and had an odometer reading of about 96,000 miles. Plainly, the vehicle was well used and part worn at the time of delivery and the issue of satisfactory quality must be viewed in such context. We note that the vehicle passed an independent DVSA MOT test on the 15 February 2019 with no advisories.

 

As a matter of fact, brakes are serviceable parts subject to ordinary wear and tear commensurate with the age, mileage, value, condition and usage of the vehicle, in respect of which our member cannot be liable, in any event. Indeed, we see no cogent evidence that there was any adverse issue with the brakes at the time of delivery, despite what you now say.

 

Further, as a matter of law our member is not obliged to meet any third party repair costs incurred without it prior knowledge of and consent in writing, in any event. Despite what you say, we see no cogent evidence to suggest there was any fault with the vehicle at the time of delivery. In this regard, we refer you to Section 19(15)(a) of the Consumer Rights Act 2015. On the facts, we see no valid statutory and or contractual claim against our member for refund or otherwise, as alleged and your claim is hereby dismissed. We await your considered response. Yours faithfully, Lawgistics Lawgistics Ltd

[king12345]

They mixed up your request with someone else's,  clearly.

That's why they said it's an 8yo vehicle.

Let them know their error.