Where do I stand? Faulty used car!

unholyangel

Toffee21 wrote: »

I've had absolutely no reply to my letter before action asking them to repair or replace the faulty engine, so I intend on taking this matter to court.

I am really stuck as to where I go from here. I understand that I need to fill in an N1 claim form (or do it online) but I am unsure as to how I should word the particulars of claim, how much I should claim for, what I need to include and whether I need to wait until I've fixed the car at my expense before I file it with the court (I had left it be for now in case the company responded to the LBA and offered a repair).

Any help from forum members with the court claim would be greatly appreciated!

If you're intent on claiming and have sent a LBA (titling it Letter Before Action and making it clear what the deadline is/what resolution you're looking for).....I'd get 3 quotes how much it will be to fix, along with a report stating its seized prematurely through no driver error (because if its down to misuse you'll likely struggle) and file a claim for the middle quote.

ETA: Ideally you'd have sent the middle quote to them with the LBA stating it was the middle quote, this would be how much you'd be pursuing them for in small claims (plus costs) if they were unwilling to offer a repair.

baza52

Have you had an independent report done yet?
If so what was the outcome?

Toffee21

unholyangel wrote: »

If you're intent on claiming and have sent a LBA (titling it Letter Before Action and making it clear what the deadline is/what resolution you're looking for).....I'd get 3 quotes how much it will be to fix, along with a report stating its seized prematurely through no driver error (because if its down to misuse you'll likely struggle) and file a claim for the middle quote.

ETA: Ideally you'd have sent the middle quote to them with the LBA stating it was the middle quote, this would be how much you'd be pursuing them for in small claims (plus costs) if they were unwilling to offer a repair.

No I didn't send any quotes with the LBA. I did advise that if they did not offer a resolution in accordance with the SOGA within 7 days of receiving the letter, I would instructing an independent mechanic to undertake any repair work needed and that I would then be issuing a claim against them for the cost of these repairs including parts, labour and court costs.

If I 'sue them' for the amount of the middle quote, and then have the repairs done by a cheaper garage, I assume that I can only reclaim the costs that I actually incurred in resolving the faults? Or will the court order them to re-imburse standard rates for the repair and I am then free to save money by using a cheaper mechanic or to use a more expensive mechanic (topped up by own funds) knowing the job will be done well?

Thanks!

wealdroam

Toffee21, no you cannot get the thing repaired elsewhere yet.
That would destroy the evidence you need for your court case.

As Baza52 says, have you had that independent report done yet?
Without it, there is no point in starting court action.
If you do go down the court route, have a read of MSE's guide to the small claims court.

As hinted in post#2, did you paid any of the purchase price with a credit card or some other credit?
If so, read MSE's article about Section 75 of the Consumer Credit Act 1974.

unholyangel

It goes against the principle of damages. When a breach of contract happens, the party not in breach is entitled to reasonable costs incurred as a result of the breach. Reasonable is exactly that - just because can claim for something doesnt mean you should and certainly doesnt mean you'd be awarded it in court.

Its up to a judge what he/she feels is a suitable remedy.

Toffee21

baza52 wrote: »

Have you had an independent report done yet?
If so what was the outcome?

I've had a report written by a mechanic which he is posting to me recorded delivery tomorrow. I'm not sure it's an independent report as it was instructed by myself and I will be paying for his opinion. Likewise he admits to being a competent mechanic, but is not a 'qualified' independent expert in forensic mechanical investigation of engines etc, just an ordinary motor vehicle mechanic with decades of experience in diagnosing and repairing motor vehicle faults. I hope that this will suffice.

I will post the exact wording when I receive his letter, but on the telephone he indicated that it was a piston rod failure that resulted in the engine seizing, probably secondary to an oil pump failure. I am not mechanically minded though so I may have misheard. He confirmed that the engine was topped up correctly with the correct amount of oil and that there were no obvious signs of neglect or misuse. He confirmed that given the 5k miles and less than 12 months since purchase, the vehicle hadn't even been due an oil change so there is no possibility of them saying we haven't serviced it correctly etc.

Toffee21

Sorry, none of it was on a credit card, although a nominal sum was paid as a deposit on a debit card.

wealdroam

Toffee21 wrote: »

Sorry, none of it was on a credit card, although a nominal sum was paid as a deposit on a debit card.

No other credit used?
Perhaps finance arranged by the dealer?

Toffee21

wealdroam wrote: »

No other credit used?
Perhaps finance arranged by the dealer?

No car finance taken out.

5% deposit on debit card
40% part exchange value of old car
55% bank transfer funded by a normal bank loan

Hintza

You need to find out if the mechanic is fully qualified and probably shouldn't be the mechanic about to do the work.

Get this wrong and it could be expensive for you.