Small claims court - car issue

Aylesbury_Duck

Battery, then.  As batteries age, their cold cranking ability falls away.

born_again

dr78 said:

But full services change things like fuel filter,air filter,sparks/glow plugs  etc so would make it start better if was having full services in its life  rather than just oil and filter each time and I think it  must need glow plugs. Battery fine. It is mostly on the mornings that it minus like it was not that long ago . So mild mornings it’s not a huge delay but on cold starts it’s terrible 

Depending on where you take the car.

Sportage is well know for fuel filter to get water in & cause exactly the issue you are describing.
This is under rear seat.
If the car has gone to a 3rd party. Then odds on it will not have been changed, neither will glow plugs.

2015 Sportage service requirement is 20'000 miles or 12 months which ever is 1st. 

https://www.kia.com/content/dam/kwcms/kme/uk/en/assets/static/owners/service-maintenance/Kia_UK_Service_Intervals.pdf

dr78

Aylesbury_Duck said:

Battery, then.  As batteries age, their cold cranking ability falls away.

Battery tests are coming up fine x probably
The least of my
worries at present hey 😂😂 but will look at replacing if can resolve issues with garage

dr78

I think it’s on original plugs for sure. It hasn’t been going to a Kia dealer or specialist for servicing just some garage. But it has no paperwork with car so I don’t know what kind of services it has had., not sure if it’s worth phoning garage up to see if they have history for the car. Or is there any point as it’s probably the least of my worries with a clutch judder 😂

dr78

Feel so stressed today. Car garage replied to my review and has made it look like they have offered repairs etc to make me look like a complaining customer but they are lying as ignore me. I even wrote a signed for letter about issues and court and they still haven’t replied. Surely courts he has to prove he offered repairs? I wish he did offer repair but he is ignoring me as knows clutch and air con aren’t cheap jobs

eskbanker

dr78 said:

I even wrote a signed for letter about issues and court and they still haven’t replied. Surely courts he has to prove he offered repairs?

You said you'd sent the letter before action last Friday, so it's perhaps unsurprising that you haven't had a response yet, although it wouldn't be a shock in the circumstances if they chose not to reply, effectively forcing you to go through with your threat to go to court.

You said that you'd arranged an inspection, has this happened and if so, what was the outcome?

dr78

eskbanker said:

dr78 said:

I even wrote a signed for letter about issues and court and they still haven’t replied. Surely courts he has to prove he offered repairs?

You said you'd sent the letter before action last Friday, so it's perhaps unsurprising that you haven't had a response yet, although it wouldn't be a shock in the circumstances if they chose not to reply, effectively forcing you to go through with your threat to go to court.

You said that you'd arranged an inspection, has this happened and if so, what was the outcome?

Car is in the garage as we speak getting inspection. The garage signed for the letter on Saturday. Xx hope your well and thanks for replying 

Aylesbury_Duck

dr78 said:

Feel so stressed today. Car garage replied to my review and has made it look like they have offered repairs etc to make me look like a complaining customer but they are lying as ignore me. I even wrote a signed for letter about issues and court and they still haven’t replied. Surely courts he has to prove he offered repairs? I wish he did offer repair but he is ignoring me as knows clutch and air con aren’t cheap jobs

Hang on a minute...on another forum you said that the selling dealer offered to buy the car back from you 3 days ago.  That matches what they've said in their response to your review.

Are you sure it's them that isn't being entirely truthful?

This is you, isn't it?

https://www.kiaownersclub.co.uk/threads/i-have-bought-a-lemon-car-😭.82466/?post_id=571772#post-571772

dr78

yes they did offer to buy car back I’m not on about that bit is defo correct  they offered me that before the ignoring me I on on about them saying they offered to do repairs on car which is absolute lies they have ignored any request for repairs,  I said I’d prefer them to fix the car as I am without a car as sold my previous car and would buy back off me with deductions and after that they ignored me and didn’t reply. The bit I am saying is incorrect that they offered to repair car when they haven’t at all as that would of been the ideal solution to me for them to pay most of the bill or take car repair it and bring it back.  They didn’t contact me 3 days ago about it though if that what you mean. They have been very silent. But I contacted auto trader and citizen advice and finally thankfully they have responded today to me so I’m happy they have finally reached out. As it was annoying them ignoring me but pretending they was offering repair of car. I’m now in process of working out what offer they will make on the car and also looking for a new vehicle or hire car for now if we can come to a understanding on price, as I do believe it’s fair for them to deduct something for mileage I have done In the car, I asked for a repair but they said no but posted they offered repairs. That was my point

think it’s forced their hand to contact me as car was checked and the inspection shows mot must of been dodgy as it should of failed mot on tyres and one side of handbrake isn’t working? But they have not fully finished inspection they finishing it tomorrow 

Aylesbury_Duck

It's not a good idea to be hammering away at the seller with WhatsApp messages, letters threatening court and Google reviews all at the same time.  I'm not surprised they've taken to ignoring you.  

So they offered to buy the car back from you, thereby meeting your consumer rights, you've chosen a different route and are now threatening legal action because they've decided to ignore you for a short while.

Just get the inspection results and if they don't respond to your letter within 14 days (don't jump about after just three) then proceed to court.  Drop all the silly negative reviews until the process is over with, and stop spamming them for a response.  You've served the legal letter, they've signed for it, just await their response and go to court if necessary.  Constantly trying to provoke them isn't adding anything to your case.