Do i stand a chance if this goes to court?

Tara2102

So basically in March we purchased a car out right from a company. The car was due to be delivered on the 7th June when we landed in the uk. The car had issues so he couldn't give us the car...4 days later he gives us a courtesy car which we never asked for. He didn't drop it off when he was supposed to as there was an issue with the courtesy car so dropped it the next day instead. He told us there was an issue with the ecu so would take 2 weeks to repair so offered us a 3 month warranty with the car. Over a month past with us having to call him which he said would take another 2 weeks. Its now been nearly 2 months and no car so weve asked for a full refund which he has refused. We have spoken to citizens advice who told us to write and email which he's done twice and ignored. We have sent a final letter via recorded delivery and have messaged him stating we have sent a final letter as he has ignored the emails. He said i will see you in court and will add on costs for the amount of time we have had the courtesy car. Can he do this? We paid £4500 for a car which we haven't even seen yet. The courtesy car is manuel and i can only drive automatic (car weve brought in automatic) so ive been without a car but the hubby can drive it. He said it would only be a few weeks so which we agreed as the hubby didn't start his job for another 3 weeks. Ive now lost out on job interviews as ive had no car to get there. Plz help!

Sandtree

You were no shows at interviews because you don't have a car? Taxis or buses don't operate where you are? I understand not having the car can be frustrating but these kinds of statements that the loss of a car has cost you a job etc can be taken very negatively by sensible thinking people (and judges).

Is "he" a company, sole trader or private seller? The fact a courtesy car is involved suggests its some form of business but would want to know.

Its not clear who is claiming from who? Presumably you have paid for the vehicle in full and its you that sent a letter before action to which the vendor has responded that he's happy to allow the courts to decide and he'll counterclaim some additional costs.

What was your intended claim? To rescind the contract and return of your payment in full?

roonaldo

You haven't even obtained the car so the dealer has failed to fulfil the contract despite giving him time to resolve it, you would win easy.

How did you pay for it?

The missed interviews are irrelevant.

Ibrahim5

Of course you would win. Getting the money back might be more difficult. I would definitely get a claim in via moneyclaimonline after sending a letter before action. The fee isn't big and you have a chance of getting something back. He has stolen your money and is waiting for your next move which he hopes is that you will give up. Show him you mean business.

Jenni_D

A claim for a value between £3k and £5k would cost you £205 ... which you recover from the other party if you win. (Likewise for the hearing fee - not sure what that would be).

https://www.gov.uk/make-court-claim-for-money/court-fees