Consumer rights after buying a faulty used car from a dealer- small claims court now!

Flyboy152

minibbb wrote: »

Thought i'd update the thread as its been a while now!!

The Jeep is still sat on my driveway doing nothing!

The small claims process is by no means a quick fix, its been going on for about 9 weeks now.

I was sent an allocation questionaire by the court about a month ago along with a copy of the defendant's defence. My theory was was that the garage were trying to scare me into not proceeding with the matter.

Anyway, I had to pay a further £40 (on top of the £80 I'd already paid) and the paperwork was back with the court on the 9th April. Ive not heard anything since!!

Hoping that either the defendant will come back with an offer to allow me to recoup some of my costs or a court date will be allocated.

Im hoping that the ever growing lists of faults with the car and the garage's complete failure to abide by the sales of goods act will go in my favour and allow this to be sorted once and for all!!

Ill keep the thead updated with the result as im sure this will be useful to others in the same boat as me!

Thanks for letting us know. I am surprised the dealer is digging their heals in, but I am just as certain they are hoping you will back down. They are obviously playing the system's time limits to the extreme. Be prepared for applications for extensions.

forgotmyname

Just hope the dealer does not change ownership the day before the cort date.

What did you legal adviser say about you not returning the car to be repaired?

You dont want it repaired you want a refund but if you allow them to repair your not likely or its
harder to get a refund, is that right. Catch 22 eh.

minibbb

forgotmyname wrote: »

Just hope the dealer does not change ownership the day before the cort date.

What did you legal adviser say about you not returning the car to be repaired?

You dont want it repaired you want a refund but if you allow them to repair your not likely or its
harder to get a refund, is that right. Catch 22 eh.

There was an offer to "inspect" the vehicle without predudice at the dealer's premises, offered to me 14 days after my letter to them stating that I was starting civil proceedings. This was several letters down the line and I didnt even see it as an offer of repair. Throughout the whole matter they denied there were issues with the car and no offers of assistance were made.

Had it been repaired early on I would have either kept it or sold the damn thing on!

vaio

are there any ongoing accruing costs that would encourage then to settle sooner rather than later?

Things like alternative transport/car hire, insurance etc

minibbb

vaio wrote: »

are there any ongoing accruing costs that would encourage then to settle sooner rather than later?

Things like alternative transport/car hire, insurance etc

Sadly not, it was a second car so I coped, I wanted it for the size though so have struggled a bit with the mini!!

Ill update the thread when I get anymore info!

vaio

if there are any weekend occasions where the mini is too small it might be worth writing to the other side and telling them you will have to hire a suitable vehicle and will be adding the cost, together with any other out of pocket expenses, to your claim

Flyboy152

The trouble with that is, the plaintiff might have to log the amendment with the court, this will could potentially delay things a lot further.

vaio

Wouldn’t have thought it would need to be sent to the court, just add it to the costs on the day like witness expenses.

The advantage is that it introduces a downside for the other side which will encourage then to sort it out sooner rather than just sitting back and then settling just before the hearing date.

minibbb

Right....after two months of silence from the court I received a letter from them yesterday saying that the Judge has finally looked at the paperwork. A hearing date has been set for the 17th September- still months away!! :mad: Oh, and they want another £165 for the "hearing fee"!

The letter urges me to try mediation which is apparently done over the phone in some sort of conference call to try and come to an agreement. Not sure if this is worth it now, the dealer hasnt offered any help now and I dont really see why I should have to accept anything other than a full refund due to all the the trouble/expense caused.

The Judge did say in his letter that the vehicle should be made available for inspection by the dealer at their own premises (which is 60 miles away from me)

I dont believe that the vehicle is roadworthy, its now not taxed or insured (as I was wasting more money) and to insure/tax it just for the day would cost me £120, plus fuel plus my time to get it up to Surrey. Surely the defendant should come to me?

Im planning on paying a local independant garage to inspect it and prepare a report detailing its mechanical condition.

Not really sure what to do now, any ideas/advice welcome!

Premier_2

minibbb wrote: »

Right....after two months of silence from the court I received a letter from them yesterday saying that the Judge has finally looked at the paperwork. A hearing date has been set for the 17th September- still months away!! :mad: Oh, and they want another £165 for the "hearing fee"!

That's usual - you have to pay a hearing fee. Check it's the correct level for the claim you have.
This will usually be added to your claim if you win.

minibbb wrote: »

The letter urges me to try mediation which is apparently done over the phone in some sort of conference call to try and come to an agreement. Not sure if this is worth it now, the dealer hasnt offered any help now and I dont really see why I should have to accept anything other than a full refund due to all the the trouble/expense caused.

Definitely go for mediation, especially as the judge has suggested you do so. It costs nothing and you can still go to court if it fails.
Failure to try all possible means to resolve an issue out of court is never taken kindly by the judge

minibbb wrote: »

The Judge did say in his letter that the vehicle should be made available for inspection by the dealer at their own premises (which is 60 miles away from me)

I dont believe that the vehicle is roadworthy, its now not taxed or insured (as I was wasting more money) and to insure/tax it just for the day would cost me £120, plus fuel plus my time to get it up to Surrey. Surely the defendant should come to me?

The judge has given you direction on your claim. Failure to follow it will not go favourably with you. Get the vehicle delivered on a trailer it it's unroadworthy.

minibbb wrote: »

Im planning on paying a local independant garage to inspect it and prepare a report detailing its mechanical condition.

Not really sure what to do now, any ideas/advice welcome!

That's up to you, and may well be wise if the garage are prepared to support you as an expert witness (assuming the judge has agreed such as I guess he has)

But you still have to give the defendent the chance to inspect the vehicle themselves, (and perhaps put it right - as advised in post#2 back in December)