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Taking car dealer to court

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Hi All,

 

I'm new to this group and looking for some advice. 

 

I bought a second hand car last August. By 10th September 2019 the garage repairing the car told me the car was not road worthy. 

Prior to purchase the car seller was good at communication whether by email or phone. 

 

Once we had paid the full price £1050 by bank transfer (I know stupid!). He didn't really respond to my queries with the car  though they were not so major issues like car  CD player. 

 

The car passed it's MOT on 15th August 2019 the day we took the car home. Stupidly I did not check the MOT history because just 1 week prior to this on 8th August the car failed it's MOT on various faults two needed repairs immediately. One being the parking brake efficiency which proved to be a problem for me once I took possession of the car.

 

When the EML came on 26th August I went to my local garage to repair. The car dealer told me that cars valued under £2000 did not come with warranty. Further the car dealer base in Ruislip and I am in Slough,  he had no on site garage facilities so like me would have had to take car to another place to repair. 

 

The car's faults continued after the EML the handbrake light then started to flash too. Back to my local garage for repairs. At this point we looked into MOT history and discovered the failed MOT of 8th August. Though the 15th August the car passed it's MOT I have doubts over the validity of this MOT and have separately raised this with DVSA.

 

I then wrote yo car seller seeking right to reject as within 30 days of purchase. No response. 2nd letter sent again no response,  eventually I issued a claim form. He filed a defense saying the costs to repair the car were extortionate. I even went to VW Garage and they provided me a higher quote!. 

We are now going to court I have filed my bundles but have not received anything from Defendant. He has now passed the deadline to comply. 

 

I am seeking a full refund of car and repairs under Consumer Rights Act 2015.

 

I accept I did not go to Defendant to repair the car but when I saw the failed MOT it broke my trust in him.

 

I wanted to know what others think of my chances ? This has been very stressful for me.

 

Thank you !

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What is the name of the dealer.

Please will you post the claim form and also the defence up here in scanned PDF format. Not an image please. Scanned PDF


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He is called DF Autos 

I don't have scanning facilities can only upload image of claim and defence form 

 

Will that work?

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Uploads unapproved...please redact all documents before posting.

 

Andy


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I've read through the claim.

The defence is in a document format – and I presume that you have simply typed it out. However it is a block of text and it is too difficult to read properly.

Please will you post the defence again but this time properly spaced and punctuated in a way that you would like to see if it was presented to you.

I have to say that your claim form has run to 9 pages – and pretty well all of it unnecessary.

The one most important element which seems to be missing – is that you have asserted your right to reject the vehicle. This is almost all you need to plead in the claim form.

You say that you have asserted your right to reject. Please will you post a scanned copy of that. If you don't have access to a scanner then for £49 you can get an excellent run from PC World which will last you for years. We give very good help and advice and support here free of charge – but I think it's reasonable for people to have at least the minimum equipment needed to use this kind of setting.

A claim form is simply used to state your course of action – and not to provide all the evidence and advance information about your case.

Your claim should simply have been

Quote

The claimant bought a vehicle registration XXX from the defendant car dealer. It developed a significant fault within the first 30 days and the claimant asserted its right to reject the vehicle and to insist on a refund as per the Consumer Rights Act. The defendant has refused to refund the purchase price.
The claimant claims £XXX plus interest plus XXX ancillary losses plus interest pursuant to section 69 of the County Courts act 1984. The defendant is fully aware of the defects and costs and so forth as he has been informed of everything in correspondence.


Please will you post the letter of rejection.

And yes, it wasn't a good idea to pay by bank transfer


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Okay, that will suffice as a letter of rejection – although I don't understand why you have to write pages and pages of everything instead of simply making the point that you need to make.

The same with your claim form.

It's a great shame that you haven't actually stated your your main cause of action on your claim form which is that you asserted your statutory right to reject and that the dealer breach their statutory duty by not accepting the rejection and refusing to refund.

This is a glaring omission and at some point you have to remedy it.

If you haven't actually claimed that then you haven't given the dealer an opportunity to defend on that particular point – and of course by not bringing it up now, in principle you are not asking the court to address that point.

You should amend the claim.

Once you sue on the basis that you have asserted your right to reject and that the dealer refuses to comply, then you have pretty well 100% chance of winning. However, you are not exploiting this because you have not raised this in your particulars of claim.

Strictly speaking you should amend the claim and then the dealer should have a further right to put in a defence.

Of course I may have missed it in your nine page particulars of claim so please will you confirm that you did not raise the issue of rejection in your claim form.


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What stage is your claim at now ?  You submitted it in Oct 19 ...has it been allocated yet ?


Andy

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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Also, I should point out that you will win anyway – but you are making it much more complicated than it needs to be. If you simply raise the question of your statutory rights and his breach of obligation then the judge will give you a judgement in your favour within five minutes.

Because you have raised pretty well every other issue bar that, the judge will have to consider the entire aspect of the defects and whether they do amount to a substantial breach of contract and whether they could have been repairable et cetera et cetera et cetera.

Although you will eventually win, it means that the judge may have a complicated issue to decide and of course it will simply prolong the agony.

Simply raising the fact that the dealer refused to comply with your assertion of your right to reject will bring the entire case shuddering to a halt in your favour and the judge doesn't need to listen to any other arguments. He simply needs to see your letter of rejection.


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Thanks 

 

I have also stated the same right to reject in my WS

Hearing is on 23rd October 

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Do you mean your particulars of claim? – In that case, I'm sorry but I missed it.

Please could you indicate which paragraph is at?


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Oh no not your fault

 

I haven't uploaded the WS, though that is a long document too (yikes !)

 

I'll see if I can do that 

 

Thank you for all the advice I do appreciate it 

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Okay so it's not in the defence. So we have the same problem. Please don't upload your witness statement – I don't think we could stand it.

My site team colleague @Andyorch has suggested that rather than go through the trouble and cost of amending your claim, that you should simply point out the letter of rejection in your witness statement.

However, I think you could spare the judge the agony by not giving him/her some extended witness statement – but simply a short – no more than half an A4 side pointing out that you did supply a letter of rejection within the first 30 days and that the defendant has refused.
Attached to that – and also in your bundle, you can include a copy of the letter of rejection – and evidence showing that the defendant refused to comply.
The defendant can then produce a witness statement in response – specifically addressing the issue of the letter of rejection.

Because you are litigant in person, you have a certain licence – and so you will get away with it.

It would probably be a good idea – and courteous to produce the witness statement in advance and send a copy of it to the defendant so that the defendant has lots of time to digest what is happening and to compose their response – if they want.

I strongly suggest that you post up your proposed witness statement here first.

So for the moment, let it go. Please stop practising expressing yourself more effectively and try to identify the point that you are making and stick to that.

You are simply complicating the situation to the point where you are never what else are losing sight of the most important issues – and of course all this will do will be to cause you problems and risk your legal position.

Now that you have found this site – with future problems come here first.

 


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