Using Money Claim Online service against a car salesman?

JustAnotherSaver

Just looking for some advice on how to use the service itself really as this is the stage we're currently at.



For those of you who've read previous threads, yes this isn't actually me and i am asking on behalf of my brother.


The vehicle cost puts him close to the border of one court fee category at £950.



So first question really is from when is interest calculated? Is it from when the car was bought, is it from when the vehicle was refused and a refund requested or is it from the date the claim form is submitted? Since there's almost 3 months difference between the earliest & what'd be the most recent of those.


https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/688390/n1-eng.pdf


^^ Looking at claim form N1, what would you put under brief details and what would you put under particulars of claim?


The vehicle isn't fit for purpose, not as described. A garage report states various major issues with it. Just wondering what you'd put on that form & where?


Thanks.

debtdebt

Why are you going to sue the car salesman?

You need to sue the garage.

JustAnotherSaver

debtdebt wrote: »

Why are you going to sue the car salesman?

You need to sue the garage.

Well yes the garage.



But it'll be nobody as yet as the form isn't filled out - hence this thread.

seatbeltnoob

sorry, but a £950 car is going to have loads of mechanical issues that either need doing now or will need doing in the future.

I have a car that's 16 years old and has 160K miles on the clock. I recently took an interest in sorting it out and going through and replacing a lot of ball joints, bushes, suspension parts, engine mounts.

They are not critical bits (will pass an MOT) but if you were to take it to get assessed by RAC pre-purchase inspection they will give you a long list with a parts and labour bill exceeding the cost of the car.

You are expecting too much on a £950 car.

JustAnotherSaver

Right yes great. So the MSE opinion is. Only buy cars that cost 50 grand plus if you don't want a problem, I get it.

But trading standards and citizens advice say there's a case he'll likely win so he's going ahead with it. If he doesn't win then I'll come back and let you know so you can all gloat. Deal?

Yes it's a public forum, yes people can post their opinions but at the very least can they help with the actual question while doing so please?

wgl2014

To answer the actual question - https://www.gov.uk/make-court-claim-for-money/work-out-interest

The interest will be from when the car was rejected and the debt started.

However, before committing time and effort to a claim your brother (or sister as per the other thread) should consider that even if they are successful it's no assurance that they will get a refund. I also wouldn't rely on Citizens Advice to guess the strength of the claim.

NeilCr

wgl2014 wrote: »

I also wouldn't rely on Citizens Advice to guess the strength of the claim.

At the CAB I volunteer at we wouldn't comment on the strength of a claim (we get asked quite often). We aren't legally trained and we are only hearing one side of the story. Unless the office the brother attended had access to a solicitor

I am also surprised by the comments about TS. They aren't client facing and don't deal with individual cases. I've never heard of them offering an opinion on a small claim

OP. I am not trying to be difficult. Some solicitors do give a free half hour. If you can find one could your brother go there to get some advice?

MEM62

JustAnotherSaver wrote: »

Right yes great. So the MSE opinion is. Only buy cars that cost 50 grand plus if you don't want a problem, I get it.

There is no guarantee that you won't get a problems with a £50K car so that theory does not stand up. (In fact there are many examples of very expensive cars giving lots of trouble)

Either way, in the case of a £900 vehicle, the level of expectation as to what condition you can expect that car to be in and what durability it will offer will be will be fairly low. This is the point that is being made.

davidwood681

JustAnotherSaver wrote: »

Right yes great. So the MSE opinion is. Only buy cars that cost 50 grand plus if you don't want a problem, I get it.

But trading standards and citizens advice say there's a case he'll likely win so he's going ahead with it. If he doesn't win then I'll come back and let you know so you can all gloat. Deal?

Yes it's a public forum, yes people can post their opinions but at the very least can they help with the actual question while doing so please?

What usually happens is the OP comes back and tells everyone they were wrong and they won......even if that wasn't the result.

Takes a rare beast on MSE to actually admit when they were wrong

AdrianC

JustAnotherSaver wrote: »

Right yes great. So the MSE opinion is. Only buy cars that cost 50 grand plus if you don't want a problem, I get it.

No, basic realism and the law.

But trading standards and citizens advice say there's a case he'll likely win so he's going ahead with it.

Perhaps he will, perhaps he won't. We do not have enough detail.

But it's a basic fact that the consumer rights legislation deals with faults above and beyond those to be realistically expected of used goods of that age/price/apparent condition.

And it's a basic fact that a £950 car from a trader has very low realistic expectations.

It's a car that you'd pay half that for privately.

EdGasketTheSecond

AdrianC wrote: »

It's a car that you'd pay half that for privately.

But thats exactly why, buying from a trader, the expectation is that the trader has resolved faults and problems and the car is at least basically a useable car.