Avon Car Sales - Dubious tactics not to refund for fault in car - court claim issued

[Sc0ut]

Ok will check. but it seems like we've exhausted this avenue .... here's the Extra Particulars detailing losses  for review in case.  See what you think  ....

 

Particulars of Claim

 

Between Claimant :    XXX

 

& Defendant :              Avon Car Sales Ltd.

 

1.   The claimant bought a Skoda Octavia Scout car registration XXXXXXX from the defendant with a 3 month warranty. 

2.   Within a week the car displayed a serious fault and subsequent investigation revealed further serious defects. The defects were reported to the defendant so was aware of the defects and the timeline. 

3.   The car is not of a satisfactory quality and proably unroadworthy within the meaning of the Road Traffic Act 1988. The vehicle could not be driven after investigation. 

4.   The defendant refused to consider any repairs unless the claimant return the car at his own expense which the claimant eventually did. 

5.   The defendant refused to repair all the faults and so the claimant rejected the vehicle on the basis of the defendant's fundamental breach. 

6.   The defendant has refused to honour their offer of a full refund and to reimburse the claimant for the cost of the car and associated costs and losses. 

7.   The claimant seeks reimbursement of the following costs & losses :

Car purchase price                         £3,495.00

Car transporter cost                        £   190.00

Independent engineers report        £   106.80 

Lost insurance                                £    174.08

Total                                               £3,965.88 

plus interest and claim costs as prescribed in the Money claim procedure.

 

 

Statement of Truth

 

I believe that the facts stated in these particulars of claim are true to the best of my ability. 

 

Claimant signed :                                                                    Date:       

 

Print Name          :           

 

 

[Sc0ut]

Finishes at   ... "The claimant seeks full refund £XXX +"

 

[BankFodder]

I had removed the word "full". It seems to me that we might be operating with different versions.

Please can you put up the version you are using at the moment.

I think it's very important to try and get all of this down in the brief particulars of claim and not have to send off an extra document if we can manage it. We certainly are claiming a lot – Road traffic act, unfair trading as well as the breach of contract – but I think it will be very good if we can pack it all into one document at the beginning.

[Sc0ut]

Claimant bought a car reg XXXXXXX from the defendant dealer. Within a week it displayed a serious fault. A report revealed more serious faults including brakes and steering defects. Defendant has been informed of the faults. The car is unsatisfactory and probably unroadworthy per Road Traffic Act 1988. Defendant may be trading unfairly per Consumer Protection from Unfair Trading Regulations 2008 as they refused to repair it unless claimant paid for its return which he did. Defendant refused to repair all the faults so the claimant rejected the car for the defendant's fundamental breach. The defendant has refused to refund the cost of the car and related losses.
The claimant seeks  Refund £3,495 +Car Transporter £190 +independent report £106.80 +wasted Insurance £174.08

[Sc0ut]

Strange but the above fits now.  All I did was copy & paste ....   thanks for checking.  Maybe I needed to refresh the MCOL screen.

 

 

[BankFodder]

Is there space for extra words?

 

I've made a couple of edits to your text above – which are in red.

See if it's possible to put in those amendments

[BankFodder]

I've also suggested further words in purple

[Sc0ut]

I see what happened.   your version with purple didn't show here when I did the copy & paste.

 

Yes version with red & purple fit. 

[BankFodder]

Great - let's see if we can get a bit more in.

 

Check back in half hour

[BankFodder]

How about the bits in green?

[Sc0ut]

Nah ... that kicked out the insurance claim.   The company name shows its a dealer and its a suspension defect.  It fits if I remove Dealer and use ... serious faults eg brakes and suspension.

[BankFodder]

Yes. – Remove "dealer".

Was it suspension or steering faults?

When you think that we have filled it up completely, please post the final draft it before clicking it off

[Sc0ut]

Sorry , just googled it.  it is steering. [not a mechanic]

[Sc0ut]

Funny but can squeeze in 2 x 4 letter words at least

 

[BankFodder]

I think the court will take a dim view if you start putting in four letter words – so maybe we had better leave it at that.

Would you mind just pasting it up here so we can have a final look and then you can click it off when you are ready

[Sc0ut]

As I say ..... room for 2 more words if needed ...

 

Claimant bought a car reg XXXXXXX from the defendant. Within a week it displayed a serious fault. A report revealed more serious faults eg brakes and steering xxxx xxxx. Defendant was informed of the faults. The car is unsatisfactory and probably unroadworthy per Road Traffic Act 1988. Defendant may be trading unfairly per Consumer Protection from Unfair Trading Regulations 2008 as they refused to repair it unless claimant paid for its return which he did. Defendant refused to repair all the faults so the claimant rejected the car for the defendant's fundamental breach. The defendant has refused to refund the cost of the car and related losses. The claimant seeks  Refund £3,495 +Car Transporter £190 +independent report £106.80 +wasted Insurance £174.08

[BankFodder]

Okay if you think it covers everything then click it off when you're ready.

We got there.

[Sc0ut]

All done.  See you in 14 days

 

[AndyOrch]

19 days.....14+ 5 to AOS and another 14 days to submit a defence =33

 

 

.

[BankFodder]

Although it's unlikely, they might not get the acknowledgement to you in time so on day 14/15/16, monitor the money claim account very closely and if you find that you are able to apply for judgement – do it immediately. Don't hang around don't bother to refer to us – just do it.

[Sc0ut]

Hi

 

Just got acknowledgement of service to my claim dated 7th/April/2021 staying that they have 28 days to file a defence and Lawyers4U state "we are not instructed as their solicitor, The defendant acts as litigant in person"

[BankFodder]

Thanks. Keep are monitoring closely – in case they miss the next deadline.

No surprises that these "lawyer" people are not actually representing. There simply a bunch who send standard threatening letters.

[Sc0ut]

Think car dealer will fight cause its ££ to him as he's desperate to minimise this.   Guess I start preparing my case documentation now.  Do I send paper copy or get to upload the evidence ?  I haven't been invited to submit my evidence yet.

 

[BankFodder]

You obviously haven't read up the steps on taking a small claim in the County Court or you would know the answer to this

[Sc0ut]

Hi Lets not start that again.    

I've been on a full on building project and my second week of a migraine attack so lets just cut a bit of slack.  

I'll see if I can read again over the weekend.  

 

Remember this whole thing has been very stressful & depressing for the whole family & it was good not having to constantly worry about it for a few weeks.

Edited April 9, 2021 by BankFodder
Spacing