Used Car Broken down

SusanKen

In October last year I bought a 6 year old Landrover Freelander from a registered car dealer for £15,600. The car was serviced, MOT'd and had a 6 month basic warranty. 29 days later the car broke down on the motorway. From the AA van I called the dealer and asked if I should get it recovered to him and he told me I could take it to any garage, so I had it recovered to a Jaguar / Landrover specialist that I have used previously.
After much diagnostic work and repairs including a new fuel pump, new ECU and fuel injectors, all costing me over £3,400 the car was back on the road. Twice we offered to give the car back to the dealer for him to look at and repair and twice he refused, saying that my garage had caused the fault. The warranty company refused to pay out as they initially said they would contribute about £400 towards the fuel pump, but retracted this and said renewing the pump did not fix the fault so they would cancel my claim.
The dealer refuses to pay the repairs and I am proceeding the claim through what most know as the small claims court. I claim the vehicle was not of satisfactory quality, not as advertised (he said it had one owner when in fact it had two) or fit for purpose in that it broke down needing extensive repairs. I feel sure that I can take this to the court myself without getting expensive legal advice that I can ill afford but would welcome any help or advice you can offer.

For instance, the first line of the dealers Particulars of defence is as follow.

"This defence is served without prejudice to the defendants contention that the claim should be struck out as being insufficiently particularised and disclosing no reasonable course of action against the defendant. In particular stylised particulars do not constitute compliance with the relevant positions of the Civil Procedure Rule"

What does that mean??

Id be grateful for any help. Many thanks for reading.

arcon5

So they fitted a fuel pump and didn't fix it
Then same with ecu
Then injectors fixed it?

Sounds like the repairing garage messed up diagnosing it to me!

Have you got a report determining the exact fault and cause?
You are required to proof your case, not just say repairs was needed therefore breach of implied terms. Just Because components failed doesn't mean the dealer is liable... an extreme example if you misfueled and knackered injectors and pump the fault is not inherent so they are not liable. Can you prove the fault was inherent and not down to wear and tear and not down to other factors?

Based on what you post you don't sound like you have a strong case

arcon5

I think what they are saying is the case should be struck off (or at the very least a stay) because you have not presented your case adequately. Probably right as it sounds like all you've said is there was a fault but not tried to demonstrate why they are at fault and liable

bris

You got another garage to fix it, they messed it up not the seller you bought it from. You really don't have a case against the seller.


You need to go back to the Jaguar/Landrover specialist and take it up with them.