Rejecting a car (please help!)

Grumpy_chap

OP - are you able to establish what is actually wrong with the car?

If you can fix it, that may give a route forwards.  Not the "correct" route (as it seems as though the Dealer should take the car back an refund) but it may be a pragmatic route.

brianposter

DJB2985 said

Thank you.  It actually costs hundreds to a get a claim into a hearing at Small Claims Court doesn't it.  £70 online filing fee, then other costs on top like hearing fee.  I've been well and truly stuffed here haven't I.

????????

DJB2985

Grumpy_chap said:

OP - are you able to establish what is actually wrong with the car?

If you can fix it, that may give a route forwards.  Not the "correct" route (as it seems as though the Dealer should take the car back an refund) but it may be a pragmatic route.

AA have brought the vehicle to a local garage, who have it booked to look at early next week, but said I am top of the list if they get any free slots before then.  The car is in their yard.  I'm hoping they get to the bottom of it and in any case their findings will be put on paper and I can use it to support my claim.  AA were unable to get it started and could not find any fault codes.  They said the engine is flooded with fuel and found lots of oil in the coil pack and sparks.

It goes without saying if the garage say it's fixable for a few hundred quid I will pay that and attempt to claim that smaller amount from the trader.

DJB2985

brianposter said:

DJB2985 said

Thank you.  It actually costs hundreds to a get a claim into a hearing at Small Claims Court doesn't it.  £70 online filing fee, then other costs on top like hearing fee.  I've been well and truly stuffed here haven't I.

????????

Have I misunderstood something when looking?  From what I can see for a claim of around £1300 I'm looking at around £200 to get it to a hearing if accepted.  I really do believe all the right is on my side to win, but it's just really scary the thought of having to pay the court fees and their fees which could run to hundreds if I lose. Plus be stuck with the initial loss.  Then throw in I can win and still never manage to get the money from them.

Username03725

DJB2985 said:

And rejection is definitely complete the moment I serve that letter and drop the car off where I brought it?  It doesn't matter that they haven't accepted the rejection?  I just don't want any fines or legal action taken against me by the council or land owner etc for dumping a vehicle.  I really appreciate your help, thank you.

I'd be surprised if you can simply unilaterally assign ownership to a third party just by sending a letter to say 'it's yours now' and filling in the relevant bit of the V5. It opens so many cans of worms legally and morally (in other situations), so I doubt if what you proposed would be a valid or reliable way out of the situation.

GrumpyDil

DJB2985 said:

brianposter said:

DJB2985 said

Thank you.  It actually costs hundreds to a get a claim into a hearing at Small Claims Court doesn't it.  £70 online filing fee, then other costs on top like hearing fee.  I've been well and truly stuffed here haven't I.

????????

Have I misunderstood something when looking?  From what I can see for a claim of around £1300 I'm looking at around £200 to get it to a hearing if accepted.  I really do believe all the right is on my side to win, but it's just really scary the thought of having to pay the court fees and their fees which could run to hundreds if I lose. Plus be stuck with the initial loss.  Then throw in I can win and still never manage to get the money from them.

Assuming this is handled through the small claims track then, even if you lose, the other side will not be able to claim costs, other than in very exceptional circumstances. 

DJB2985

GrumpyDil said:

DJB2985 said:

brianposter said:

DJB2985 said

Thank you.  It actually costs hundreds to a get a claim into a hearing at Small Claims Court doesn't it.  £70 online filing fee, then other costs on top like hearing fee.  I've been well and truly stuffed here haven't I.

????????

Have I misunderstood something when looking?  From what I can see for a claim of around £1300 I'm looking at around £200 to get it to a hearing if accepted.  I really do believe all the right is on my side to win, but it's just really scary the thought of having to pay the court fees and their fees which could run to hundreds if I lose. Plus be stuck with the initial loss.  Then throw in I can win and still never manage to get the money from them.

Assuming this is handled through the small claims track then, even if you lose, the other side will not be able to claim costs, other than in very exceptional circumstances. 

Thanks.  I'm sure I'm over thinking it.  I imagine many thousands very similar or more complex claims are made through small claims court every year.  This is just all so far out of my comfort zone, I have always lived a very clean life and avoided trouble.  

Next step is hearing back from the garage and finding out what is wrong.  I will go from there.  I'm really putting faith in the fact the ad stated reliable, no mechanical issues, good engine and that I was told several times before the sale that it was mechanically sound, very reliable etc.  Yes less than 20 miles later it died.

Jenni_D

The other side will be able to claim reasonable costs for attending the hearing (up to £95 for a full day plus mileage/fares and parking). Only if the judge ruled that you acted unreasonably during the claim process could the other side be awarded extended costs as damages, but this is usually a very high bar to cross.

DJB2985

Jenni_D said:

The other side will be able to claim reasonable costs for attending the hearing (up to £95 for a full day plus mileage/fares and parking). Only if the judge ruled that you acted unreasonably during the claim process could the other side be awarded extended costs as damages, but this is usually a very high bar to cross.

Thanks for that Jenni.  I'm not sure what acting unreasonable would mean?  Regardless I think I am doing everything the correct way.  I brought a car advertised as realise and with no mechanical issues, it broke down 2 days and around 15 miles later.  I have contacted the trader quoting the consumer rights act and requesting a refund or repair of the vehicle.  I have put everything in writing and kept a log of everything.  I haven't asked for anything I'm not entitled to or made unreasonable demands.