Help with filing a small claims

William1982

Hello, I purchased a used vehicle on 20/12/17 from a used car dealer, upon driving it home I noticed a fault with the gearbox. I immediately called the dealer and explained my finding and I said will bring the car back for a full refund. The dealer said they do not do refunds however they will honour the fault and repair it.

Due the Christmas and new year period the earliest the dealer will take a look at the vehicle was on the 7/1/18 so I took the vehicle back 18 days later.

I think I also should mentioned, while driving back to the dealer I broke down. Alternator belt failed. Luckily I have RAC cover who came out and got me going again. (Cost me £56 in parts)

The dealer had the vehicle for 5 days. The 5 days without a car was difficult with getting to and back from work and costing me £20 a day in travel cost.

Unfortunately nothing was fixed and gearbox fault was still present. After several phone calls and text messages the dealer again took the vehicle for another 2 weeks.

I did get a loan vehicle from them during this time, which I must say was faulty too as I broke down while driving home from the dealers.

After the 2 weeks I got the car back, again nothing was fixed! I took the car to a local garage who diagnosed the fault with gearbox (cost me £265 to diagnose) and if I want to repair it will cost £900 but the dealer is refusing to cover this

I am convince this dealer is untrustworthy and will sell anything dangerous to anyone and not care about the condition of the vehicle.

I apologies for going on a little bit I want to get the story out so I can get he best advice.

Evidence I have so far is I have a few text messages and a phone call recorded. I also have a report for the independent garage.

I need help with filling the small claims form in, I have never done one before and any help is much appreciate.

Fosterdog

How did you pay for it?

William1982

Unfortunately I paid cash

Castle

1) Have you sent the dealer a Letter before Action?


2) Is the dealer a sole trader or a limited company?

William1982

As far as i know, the dealer is a sole trader. It doesn't say anything about being a limited company on the invoice. I do not know any other way to check to be honest.

I have wrote this letter out below using the Citizens advice online tool, i have sanitised the details as i am not sure if we are allowed to post things like this on here?

I can post this via Royal Mail recorded on Monday. Ideally the dealer will provide a refund, however if they refuse then i am ready to progress this but due to lack of knowledge and experience i am worried i am getting myself in to something i do not know how to progress.

Thank you and i really do appreciate any help with this.

Example of the letter
Dear XXXX Motors,

Complaint about faulty goods

I bought XXXXX XXXX Vehicle registration XXXXXX from you on 20th December 2017. I paid £1700.

I now find the goods have the following fault:

Faulty gearbox.

Under the Consumer Rights Act 2015 goods you supply must be fit for purpose. As there was a problem with the goods when I bought them, I request that you give me a full refund.

I have enclosed a invoice from XXXX Autos, XXXXX Street, who is a independent garage in support of my claim.

Please respond within 14 days of receiving this letter.

Yours sincerely

KeithP

William, have you read MSE's Small Claims Court guide yet?

steampowered

What are you asking for here - just a refund or a refund plus the other costs on top?

It isn't clear from your letter of claim - the letter needs to state what you are expecting the dealer to pay.

hollydays

Try googling any information you have for him. Name, address, telephone number, business name

William1982

Yes thank you, i had a read through this yesterday and there is very good information.

William1982

I used the CAB website to help make this letter. At this stage i just want the money i paid for the car, I don't think the dealer will pay for the e diagnostics and alternator repairs cost. I am open to any suggestions with putting the letter together.

William1982

I found the company on Autotrader, Google and few other website like Yell. Nothing suggests its a limited company.