Help please need to start court claim

[remus]

Hi all,

My daughter swapped her car at a garage for one that stalled while changing up, not running very well at all.

She returned it on the day, gave the garage owner the chance to repair, to make it fit for purpose even though she wanted her original car back.

It appeared to be fixed on picking it up two days later, but after driving for a couple of weeks, (not great amounts), various faults arose, including the original fault.

She tried contacting the garage but he chose to ignore her, and so she called round with her partner and the shouting commenced!

She has been in contact with consumer advice and also the local trading standards, who suggest court being the only option.

I did a letter to sign for (name address on the back) and he refused to sign for it, and it was returned to my daughter.

 

I would like some help with the wording on the poc to ensure I get it right, I have looked in the library but can't see what I need.

 

He also gave her a receipt with 'sold as seen'. and claimed even though he has been in the business for 35 years that he knew nothing about cars!

[grahamengineering]

I can believe the part of not knowing very much about cars. It would really depend on many factors as to what case you would have. These are the age, price paid, miles, service history, MOT length etc.

[sailor sam]

There is normally a set proceedure to follow before using the SOGA in a court claim. First of all, the seller should be given reasonable opportunity to inspect and rectify the problem(s). This usually would be at least 3 attempts before ultimately formally rejecting the car. Also, you need to have created a 'paper trail' of correspondence which can be used as evidence. That would start with a formal written request to the seller to recetify and if that fails, (after 'reasonable' time) you then send a formal rejection letter requesting your money back. Once that is sent, the car should not be driven again. If you get no joy with that, you then send an LBA (letter before action). All your correspondence should provide the seller with a reasonable timescale to respond (at least 7 working days) and should be sent by recorded post. Armed with the proof that you have exhausted all the other options, you then make your court application.

 

Going by your post, I would say that your time scale is still favourable to reject but you need to show that the car was not fit for the purpose and not of satisfactory quality when you bought it.

The court may ask for an independent report which can be costly but if you prove your case, you should be awarded all your costs plus interest.

[rebel11]

Heres some info:- http://www.tradingstandards.gov.uk/wirral/countycourtindex.htm

[remus]

thank you all for your responses,

 

I feel we have covered all the needed time scales and requests, so I will be doing the claim.

 

I have just spoken to my daughter, and the trader has added that the car is 'spares or repairs', she said she would have noticed that at the time, and feels he added it later.

 

Who would swap a perfectly good car, which the trader then put on his forecourt for £1499, for a spares and repairs car! (She was trying to reduce her insurance).

 

We will be getting an independent report.

[sailor sam]

thank you all for your responses,

 

I feel we have covered all the needed time scales and requests, so I will be doing the claim.

 

I have just spoken to my daughter, and the trader has added that the car is 'spares or repairs', she said she would have noticed that at the time, and feels he added it later.

 

Who would swap a perfectly good car, which the trader then put on his forecourt for £1499, for a spares and repairs car! (She was trying to reduce her insurance).

 

We will be getting an independent report.

 

'Sold as seen' is not an acceptable excuse to escape the SOGA but 'spares & repais' could be as it suggests that the car is being sold a non-runner. In which case, the seller would not allow it to be driven away and it would have to be advertised as such. I'm assuming that your daughter's copy of the invoice does not bear the wording 'spares or repairs' as it may cause a problem if it does. However, it would be for the seller to prove that he advertised and sold the car as such and then explain why he allowed the car to be driven away. Have you written to the seller saying that your daughter is rejecting the car? If so, hope that it has been parked up since! Because if she has continued to use it then she may prejudice her claim.

[sailor sam]

Duplicated post deleted

Edited November 9, 2011 by sailor sam
Duplicated post deleted

[BrazilianCCK]

For "Spares and Repairs" to be a valid defence, the car needs to be handed over without the current MOT certificate - i.e you would then either have to have it trailered away or driven straight to an MOT station for test - so, if he handed the MOT to you, spares or repairs is a no go

[remus]

thank you for your responses.

 

The car was left in the road, in front of the forecourt, at the time when they tried to talk to the gentleman, as she was to worried to drive it. It recently had to be moved (eventually) off road as the tax is about to run out.

 

Spares and repairs were not mentioned in any adverts or conversation with the garage owner, mot was received, attempt to put right the faults were made (how can you repair a car that you have stated is passed repair?!), as I said my daughter would never have swapped a perfectly good car for a non runner, and she feels he added the 'spares and repairs' after the paper work had been done.

 

Sorting the court paperwork at the moment.

[jodyperry]

Just wondered if you got any further with the poc? I need help with wording for help with my sisters cr that she bought and it started to go wrong the next day. She spent 350 on repairs and then when she went to mot it 8 weeks later she was told it was never fit to be sold and was only worth scrap.

[remus]

Hi Jodyperry.

 

Sorry no I'm still trying to sort it. Yesterday I was trying to get advice from the law centre, who can't help but suggested a local solicitor, who no longer deals with it, but knows a man who can etc!

 

Just need to get the wording right so that they can't get away on a technicality, these are heartless people with no morals.

 

Anyone know how to word the poc?

[rebel11]

Hi remus

 

I've moved your thread to the legal issues forum.

[remus]

thank you rebel

[remus]

Hello,

would someone be able to give me some help on the wording of the POC to get me started? or point me in the right direction to find the information, I have been looking around, but nothing fits!

[remus]

Heres some info:- http://www.tradingstandards.gov.uk/wirral/countycourtindex.htm

 

rebel, thank you for the link,

but, this page is coming up 'no longer available'.