Big Motoring World – Nissan juke PE65XVZ Paid by Debit Card @BigMotoringWrld PETERBOROUGH FENGATE

[Will keep up the fight]

Can anyone check my letter of claim please. Just want to know if it's OK to send or of anything needs changing. Thank you 

[BankFodder]

Please do not send this letter. Standby for a reply later on today. Probably this evening

[BankFodder]

A number of points here.

First of all, a letter of claim is basically a threat that you will take legal action after expiry of a certain number of days unless your demands are met. Normally 14 days so that you are proposing to issue claim on day 15.

The letter which you have proposed above does not do this. It is absolutely not a letter of claim. It actually puts you in the position of supplicant where you are outlining your situation and basically begging them to meet their obligations.
This company has shown beyond doubt to a whole series of customers that they will not meet their obligations.

This letter is not a letter of claim.

What are you intending to do? Are you intending to bring a legal action?

Secondly, you have opened the letter with a statement saying that you are formally asserting your rights. However, the time limit for asserting your rights has passed. Unless there is something that I have not understood correctly, you purchased the vehicle on 6 June and that means that your six months right to reject expired on 6 December.

It is too late to assert this right to reject. This doesn't need to be a problem because there are other aspects of the consumer rights act that you can rely upon but attempting to assert your right after about eight months since the purchase of the vehicle demonstrates that you haven't done your reading and you don't understand the law involved.
More importantly, it demonstrates to Big Motoring World that you don't really know what you are talking about and so you immediately lose credibility, they will take your letter with a pinch of salt and chuck it in the bin.

Thirdly, the letter contains far too much narrative. It's taking a lot of reading to understand exactly what has happened – and we are on your side. You can be certain that BMW are scarcely interested.

Whatever letter you use, I think you simply need to set out a chronology – bullet pointed giving dates and what has happened. A list.

The big question here is that are you proposing to bring a legal action?

[Will keep up the fight]

Ok thank you for your reply. Regarding the time period the car was purchased in June 23 and the faults were relayed to Big Motoring World on 8th July so just 1 month after purchase.

The car was supposedly fixed however the faults remained. With big motoring world taking their time to respond and authorise the car to go to garage is where the problems lie. They eventually arranged recovery of the car on 18/10/23 the car sat at the garage from that date until 29/11/23 November when big motoring world arranged to recovery to main dealer. It then sat there until 12/01/24 when big motoring world wanted to do their own checks.

So they were aware of the faults just over 1 month of purchase and messed my daughter around getting the car booked into garages.

Does that not mean she has no consumer protection? 

[BankFodder]

Yes she has protection – but in order to benefit from the air six months right to reject, you have to assert your rights within the six months. You can't assert your rights eight months later or 12 months later and expecting to work retrospectively.

However she does have rights – and very powerful rights. I understand that the car has been off the road for a long time – October/November?

This means that she has been deprived of substantially the whole benefit of the contract and this would be sufficient cause for you to bring a claim and to ask the judge to treat the contract as repudiated and therefore terminated.

If you want to do a letter of claim then start making it to the point. Bullet pointed. Easy to read. Give the proper time limit – 14 days – and be very clear about what will happen on day 15.

 

[Will keep up the fight]

My daughter told them she was rejecting the car within the 6 month period but they said they wanted to do their own checks after Nissan said it needed a new engine 

[BankFodder]

Does she have evidence that she rejected the car within six months?

Have you got to in writing that Nissan have recommended a new engine?

[Will keep up the fight]

I'm pretty sure of it but I'd need to check back previous emails definitely got the reports from Nissan and other garage 

[BankFodder]

If you are uncertain of the evidence you have and if you haven't got your correspondence in a proper chronological bundle then you aren't ready to start firing off letters of claim yet.

You need to be fully prepared before you start sending threats.

I suggest that you start assembling all the evidence that you have in chronological order. It might be an idea to follow the advice we give in preparing your court bundle so the you become completely familiar with what you have – and what you don't have.

There is no point starting to say that the car was rejected within six months if it turns out that that was on the telephone and you've got no evidence.

I think you're going to have to get your mindset into survival mode and that means that check everything. Double check everything. Watch your back and make sure that you have got evidence to substantiate everything you want to say and every point you want to make

I'm afraid that "pretty sure" doesn't cut it.

[Will keep up the fight]

Sorry I couldn't be more precise but my daughter is not here right now and this has made her very ill. We have more than enough evidence that prove they have been negligent all the timeframes and reports from 2 independent garages. 

 

[BankFodder]

I'm concerned about your daughter's state of health. Early on in this thread I did say that at some point she would have to take responsibility for it if it went to a County Court claim.
This means that she will have to present the case in court. You may be able to sit next to her but you won't be able to say very much. She will have to have her hands on the evidence and to understand what she's got.

I understand that you probably have more than enough evidence – that you are the one who started talking about the fact that she had rejected the vehicle within the six months but when I have asked you for evidence then you say that you are pretty sure that there is some – which basically means that you are not sure.

I'm sorry to get a bit tough on this but we need to make sure that everything is sorted out and ready and that one of your ducks are in a row.

I really don't want to move forward on this until you have assembled all your evidence and that you know exactly what you have and what you don't have so that when we make allegations we know that they are allegations that we can support with evidence and where we don't have evidence, then we won't make the allegations.

If you want to maximise your chances of success – then this is what you're going to have to do and this is the way that we are going to deal with it.

Please will you assemble all your evidence in the way that I suggested. You can find guidance if you follow the link on how to prepare your court bundle.

If it goes to court then you will have to do this anyway – so you may as well do it now.

Once this gets going, I suggest that you both make a court familiarisation visit. It will help your level of confidence enormously

[Will keep up the fight]

My daughter has found an email where she told them she was rejecting the car 23/11/23. I know this a bit down the line but she gave them the opportunity to fix. 

There was a telephone conversation where she was told she couldn't reject as she was outwith the 30 days. 

[BankFodder]

Thank you. That is helpful but not conclusive. I think the clear lesson here is to make sure everything is in writing or that phone calls are confirmed in writing.

However it isn't fatal – but certainly the email that you have received there is suggestive that the assertion of rights was made in good time.
We would have to hope that a court would accept that this was probably true.

I suppose this happened at a time when your daughter was still trusting of them and so didn't think to have to gather evidence.
A lesson for the future… I hope.
 

Have you assembled all your evidence yet please