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    • William1982
    • By William1982 14th Apr 18, 10:29 AM
    • 18Posts
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    William1982
    Help with filing a small claims
    • #1
    • 14th Apr 18, 10:29 AM
    Help with filing a small claims 14th Apr 18 at 10:29 AM
    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.
Page 1
    • Fosterdog
    • By Fosterdog 14th Apr 18, 10:33 AM
    • 3,935 Posts
    • 6,764 Thanks
    Fosterdog
    • #2
    • 14th Apr 18, 10:33 AM
    • #2
    • 14th Apr 18, 10:33 AM
    How did you pay for it?
    • William1982
    • By William1982 14th Apr 18, 10:50 AM
    • 18 Posts
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    William1982
    • #3
    • 14th Apr 18, 10:50 AM
    • #3
    • 14th Apr 18, 10:50 AM
    Unfortunately I paid cash
    • Castle
    • By Castle 14th Apr 18, 11:24 AM
    • 1,874 Posts
    • 2,540 Thanks
    Castle
    • #4
    • 14th Apr 18, 11:24 AM
    • #4
    • 14th Apr 18, 11:24 AM
    1) Have you sent the dealer a Letter before Action?


    2) Is the dealer a sole trader or a limited company?
    • William1982
    • By William1982 14th Apr 18, 11:53 AM
    • 18 Posts
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    William1982
    • #5
    • 14th Apr 18, 11:53 AM
    • #5
    • 14th Apr 18, 11:53 AM
    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
    • By KeithP 14th Apr 18, 3:01 PM
    • 8,733 Posts
    • 8,634 Thanks
    KeithP
    • #6
    • 14th Apr 18, 3:01 PM
    • #6
    • 14th Apr 18, 3:01 PM
    William, have you read MSE's Small Claims Court guide yet?
    .
    • steampowered
    • By steampowered 14th Apr 18, 3:21 PM
    • 2,764 Posts
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    steampowered
    • #7
    • 14th Apr 18, 3:21 PM
    • #7
    • 14th Apr 18, 3:21 PM
    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
    • By hollydays 14th Apr 18, 6:35 PM
    • 16,304 Posts
    • 12,334 Thanks
    hollydays
    • #8
    • 14th Apr 18, 6:35 PM
    • #8
    • 14th Apr 18, 6:35 PM
    Try googling any information you have for him. Name, address, telephone number, business name
    • William1982
    • By William1982 15th Apr 18, 10:38 AM
    • 18 Posts
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    William1982
    • #9
    • 15th Apr 18, 10:38 AM
    • #9
    • 15th Apr 18, 10:38 AM
    Yes thank you, i had a read through this yesterday and there is very good information.
    • William1982
    • By William1982 15th Apr 18, 10:42 AM
    • 18 Posts
    • 0 Thanks
    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
    • By William1982 15th Apr 18, 10:43 AM
    • 18 Posts
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    William1982
    I found the company on Autotrader, Google and few other website like Yell. Nothing suggests its a limited company.
    • William1982
    • By William1982 15th Apr 18, 10:47 AM
    • 18 Posts
    • 0 Thanks
    William1982
    I have had a look at the claim form which looks ok to fill in. Would anyone know where i could find some guidance on filling in the "Particulars of Claim" section. I am not sure what should go in here. TIA
    • hollydays
    • By hollydays 15th Apr 18, 11:36 AM
    • 16,304 Posts
    • 12,334 Thanks
    hollydays
    Names dates addresses facts.
    Why don!!!8217;t you gave a go and post it on here then you can be advised better
    • William1982
    • By William1982 15th Apr 18, 11:38 AM
    • 18 Posts
    • 0 Thanks
    William1982
    Try googling any information you have for him. Name, address, telephone number, business name
    Originally posted by hollydays
    I have done some more searching and it appears this dealer has change company names and moved few hundreds yards up the road. The new company is a LTD.
    Last edited by William1982; 15-04-2018 at 11:46 AM.
    • shaun from Africa
    • By shaun from Africa 15th Apr 18, 11:50 AM
    • 10,204 Posts
    • 11,476 Thanks
    shaun from Africa
    I have done some more searching and it appears this dealer has change company names and moved few hundreds yards up the road. The new company is a LTD.
    Originally posted by William1982
    If the dealer was operating as a sole trader when you purchased the car then this will make it more difficult to get your money.

    What you will have to do is to ensure that any claim names the trader personally and make sure that there is no mention of the new limited company.
    If/when the claim goes in your favour and he doesn't pay, you can then instruct the court bailiffs to attend his residence to try to enforce the CCJ as the new company won't have any liability.
    • William1982
    • By William1982 15th Apr 18, 12:47 PM
    • 18 Posts
    • 0 Thanks
    William1982
    I have spoken to the Autotrader security team and they have confirmed this dealer is no longer trading however is trading under another company name and address. Dealer has moved few hundred yards down the road.

    Companies house website confirms old LTD company was dissolved on 15/03/18 (vehicle was taken back in for 2nd time on 26th) and new company setup on 11/01/18

    Companies House does show a name and address but again i am not sure if this can be bogus details.

    What is going to be the best course of action for me now?
    Who do i address the letter to and which address is best to send it to? FYI Old address is empty forecourt.
    Is there anywhere i can go to get help with filing a claim?

    Thank you in advance.
    Last edited by William1982; 15-04-2018 at 12:50 PM.
    • shaun from Africa
    • By shaun from Africa 15th Apr 18, 1:07 PM
    • 10,204 Posts
    • 11,476 Thanks
    shaun from Africa
    As far as i know, the dealer is a sole trader.
    Originally posted by William1982

    Companies house website confirms old LTD company was dissolved on 15/03/18 (vehicle was taken back in for 2nd time on 26th) and new company setup on 11/01/18
    Originally posted by William1982

    You need to confirm 100% who your actual contract was with because if the purchase was made from the now dissolved Ltd company then your chances of getting anything back are fairly remote as you won't be able to pursue the new company for debts owed by the old company.
    • William1982
    • By William1982 16th Apr 18, 1:48 AM
    • 18 Posts
    • 0 Thanks
    William1982
    The receipt has the company name so i am assuming the contract is with the old dissolved company.

    The old company dissolved on 15/03/18 but the dealer still took the car from me and said he will fix it (obviously he didn't). Can this be argued that he has accepted the liability personally or with the new company?
    • William1982
    • By William1982 16th Apr 18, 11:25 AM
    • 18 Posts
    • 0 Thanks
    William1982
    Quick update on this mornings dealing, i spoke to the insolvency registrar on 03006780015. They confirmed the company dissolved on August 2017.

    I purchased the vehicle on December 2017 so this tells me dealer was a sole trader. Since speaking to them i got a call from the dealer, he has now offered me a 80% refund to end this today or to take him court where he said i will get less and it will be at least 6 months before it ends up in court.

    I paid 1700 for the vehicle and spent 314 so far, if i take this offer i stand to lose 814. What would you guys do?
    • Castle
    • By Castle 16th Apr 18, 1:03 PM
    • 1,874 Posts
    • 2,540 Thanks
    Castle
    I purchased the vehicle on December 2017 so this tells me dealer was a sole trader. Since speaking to them i got a call from the dealer, he has now offered me a 80% refund to end this today or to take him court where he said i will get less and it will be at least 6 months before it ends up in court.

    I paid 1700 for the vehicle and spent 314 so far, if i take this offer i stand to lose 814. What would you guys do?
    Originally posted by William1982
    80% of 1,700 is 1,360 so your loss is 654; (340 + 314).

    If he's accepting liability then I can't see the court giving you less than the full price of the vehicle, (1,700).
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