Browns car company - Essex : faulty used car -court claim issued

[BankFodder]

I understand the importance of what you are saying but what I am not entirely sure about is where is the vehicle now?

I understand that they haven't offered you the refund that they originally agreed.

I don't think that you have told us how much the vehicle cost you and what other costs you might have incurred trying to deal with the defects.

Please read up about our used car guide and also read up about what happens when you pay by cash or pay by bank transfer. And why you should be always pay on credit or by means of a loan or hire purchase – even if you can afford to pay the money back immediately

[BankFodder]

BROWN'S CAR COMPANY LTD overview - Find and update company information - GOV.UK

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BROWN'S CAR COMPANY LTD - Free company information from Companies House including registered office address, filing history, accounts, annual...

 

[BankFodder]

Do I understand that they are offering you a battery as a gesture of Goodwill and that you should accept it and then collect the car?

[BankFodder]

First of all, if there is a battery problem then it should be offered to you as a matter of duty and not as a gesture of Goodwill.

 

Secondly, from the list of things you seem to have given the problems are far more extensive than that.

 

Finally, you've drawn the attention to the defects well within the first 30-days and therefore you are entitled to reject the contract and receive a full refund.

 

I suppose if it really is just a battery then there might be a reasonable discussion about proportionality but your list seems to suggest that there are far more than battery problems.

 

At the moment you are entitled to the right to reject under the 30 day rule. I think that there is a big risk that if you accept the battery and pick up the car you will then have forfeited the benefit of that rule in respect of any future defects.

 

I think the question is is whether you want the car. Whether you have confidence in the car. And whether you have confidence in the dealer

 

 

 

[BankFodder]

No. If it has already displayed defects then clearly it is not of satisfactory quality.

Because you are within 30 days, you have an unconditional right to reject.

I suggest that you contact them immediately and confirm that you are rejecting the vehicle and that you brought this to their notice within 30 days and you require a refund.

Probably best to keep it fairly polite and not too strident at this point – but if they cause any problems then it will be a letter of claim.

Frankly I would expect to receive a refund next week and I would certainly expect a message agreeing to refund you in the next two or three days

[BankFodder]

It would be helpful if you could space your posts with paragraph returns etc so that it makes it easier to read especially on a small screen such as a telephone.

[BankFodder]

Yes you should also have the distance rights. You may as well serve both. The 30 day right and the alternative the 14 day right

[BankFodder]

Yes, CAB are all right for some things that generally speaking that I can say is that they are – well-intentioned.

[BankFodder]

No.

It's rubbish but helpful to have in writing to show the court 

[BankFodder]

Could you remind me where is the car now and are you driving at?

 

Have you got anything in writing which speaks to the defects in the vehicle?

Please would you tabulate your total losses incurred so far

[BankFodder]

Sorry but I wanted it tabulated. We need more information than simply totals.

 

Also you haven't addressed the question as to whether you have written evidence of the defects

[BankFodder]

Please can you post up the reports and other evidence that you have on the forum in a single document – multipage PDF.

[BankFodder]

Thank you, can you tell us item 6 please.

Are we seeing that there has been a deliberate attempt to bypass one of the car's safety systems?

[BankFodder]

Quote

Dear XXX

Vehicle registration number XX

As you know, you sold me the above vehicle on XXX date. You insisted that I pay by bank transfer.

Within three days I noticed and reported to you certain defects.
I also gave you notice I was rejecting the vehicle under the 30 day rule in the Consumer Rights Act 2015. In addition, I was also well within the 14 day cooling off period under the distance selling rules.

You in turn have simply offered me a new battery – "as a gesture of goodwill".

I confirm once again that I reject the vehicle and my decision stands. It has now been several months since I took the delivery of the vehicle and you have not made any move towards collecting and reimbursing my money even though more than one occasion you promised me full reimbursement.

I am attaching to this message a copy of various diagnostics which have been carried out the vehicle including photographs. It is very clear that the vehicle is not satisfactory quality.
Furthermore, vehicle is dangerous to the extent that a wheel rim has been damaged, tyre sidewall is in damaged condition and finally there has been a deliberate bypassing of a brake warning system.

 

I think it is very significant that you put the car through its MOT station only three days before it was sold to me. The MOT station in question is extremely close to you. The defects in question – particularly the safety defects must be present at the time the MOT took place.
I intend to bring up the topic of the questionable MOT before the court and I shall be naming the garage concerned. Furthermore, when the judgement is given in my favour – as it surely will be – I shall be providing details of the MOT garage and also your own garage to the authorities.

I would recommend that you notify your MOT station about this.
 

In view of your failure to engage with me properly on this matter, I am giving you notice that I'm proposing to begin an action in the County Court for full reimbursement of all outlays unless you collect the car and reimburse me my money within 14 days.

 

At one point you have attempted to deny any liability simply on the basis that you had excluded yourself on the 14 day cooling off distance selling regulations.

You are not allowed to do this and of course your message to me in respect of this's claim will also be shown to the court.

I should warn you that in addition to the reimbursement, I shall be seeking repayment of my court costs and also applying for interest on the sum claimed which currently stands at 8% per annum.

I suggest that you now take the matter seriously and begin immediate action to comply with your contractual obligations.

I'm not prepared to engage in any further discussions about the matter.

Believe me,

Signed

 

[BankFodder]

Please check the letter above. Check it for typos and also that it is correct and whether there is anything you would like to add.

This is a serious letter of claim and you should not consider that it is a bluff. If they refuse to comply with your demands then you must begin your county court claim otherwise you will lose all credibility.

You must be prepared to issue the claim on day 15 after the letter of claim has been sent.

If you are willing to do this then send the letter once you are happy with it start reading up on this forum about the steps involved in taking a small claim and also register with the money claim online website and begin drafting your claim. You can save your work as you go.

Post your draft particulars of claim here before you click the claim of on day 15.

Keep us informed as to any response you receive from the dealer but I suggest that you don't get involved in any kind of negotiations or any attempt to delay.
If you send the letter of claim then you will have given them an ultimatum and you should not budge a single inch

[BankFodder]

What was the date of the MOT and how close to your day of purchase was it?
With the MOT provided by a local MOT garage?

[BankFodder]

I'm going to make a couple of extra edits.

After that please post your final version here.

[BankFodder]

I haven't because that you had already sent a letter of claim.

If you send a letter of claim already and didn't follow through with the threat then that is what looks bad. Only send a letter of claim if you fully intend to follow up on your threat on exactly the day that you said that you would do so.

Send the letter of claim which I have suggested above. I'm sure that it is far more menacing than the one which was suggested by cab.

Only send the letter of claim if you're prepared to follow up on day 15.

However, to warn you, I already sending one letter of claim which you have not followed up on, you have simply diluted your credibility.

If you want to deal with this problem then don't muck around

[BankFodder]

Post your your draft letter of claim here and I'll make a couple of tweaks

[BankFodder]

Okay, here is my suggested final version which is a mix of the two versions above.

  

7 hours ago, dx100uk said:

Dear XXX

Letter Of Claim

On 18th Aug 2022 you delivered to me at xxx (address) Vehicle registration number xxx following my payment in full to xxxx by Bacs transfer of the 12th

Within three days, 22nd Aug 22, of delivery I reported by xxxx (method) defects which had become apparent.

It was clear that point that the vehicle was not of satisfactory quality.
I expressly gave notice that I was thus excising my right to reject the vehicle under the 30 day rule contained within the Consumer Rights Act 2015.

As this was an online sale whereby I did not physically and personally view the vehicle before purchase, a 14 day cooling off period under distance selling rules also applies.

I note that you have responded that you are not bound by the distance selling rules because in some way you have excluded. From them.
Of course this is untrue that I will bring what you have sent to the attention of the court.

In response you offered, as a gesture of goodwill, to exchange to another vehicle, this was rejected. Again following further correspondence, as another gesture of goodwill, you simply offered a new battery, again I refused. You then promised me full reimbursement.

 

You have not reimbursed me and in fact you have failed to engage with me on this matter any further or in any satisfactory way.

I am attaching to this letter of claim a copy of various diagnostics reports which have been carried out on the vehicle, these including detailed photographs.

It is clear that some of the defects identified in the diagnostics indicate that the vehicle a danger to drive. Namely, structural damage to the integrity of a wheel rim and tyre sidewall, as well as an apparent deliberate bypassing of the brake warning system.

 

The MOT certificate which you provided to me was dated only three days before my purchase. It was conducted at an MOT station very close to you.
 

It is clear that the defects must have been present at the time of the MOT and that in all likelihood it should not have passed.
 

If you force me to take legal action and I can assure you that in addition to the documented evidence of the defects ask correspondence from you, I shall also show the court the MOT certificate and I shall name the provider of the MOT certificate in court.
I would suggest that you alert your MOT provider to this issue.

 

In line with the pre action protocol, I give you 14 days to collect the car and fully return my bank transfer of £xxxx.
 

Please note that I am not prepared to accept any other arrangements or compromise and that failure to comply  will result in a court claim being issued against you on day 15 from the date of this letter of Claim and without further notice.

 

Please be aware that the judgement which I will most certainly obtain against you will also include at least an order for costs and interest which is presently 8%.
I shall also send a copy of the judgement and the questionable MOT certificate to the relevant authorities for their attention.

Yours faithfully

 

Check it carefully and then send it off today by email and also by recorded delivery.

Start preparing your claim on the money claim website and make sure that you post a draft of your particulars.

If you have any doubts then don't send the letter but keep us updated

[BankFodder]

This is an extremely lengthy and involved particulars of claim and in my view it could be a lot shorter .

One of the problems of having such a long particulars of claim is that it will have to be served in two lots. They will have to be the initial claim and then you will have to follow up with a more detailed particulars.

 

You don't need this kind of complication .

 

I am assuming that the dealer is fully aware of all the details of your complaint. Correct?

 

 

 

[BankFodder]

If you withdraw a claim and try to resubmit it then you will have to pay a new claim fee.

 

 

Also, there can be the question of the wasted costs of the other side although this would be minimal

[BankFodder]

Quote

The claimant purchased a vehicle registration number XXX from the defendant car dealer for £ XXX .

The car was not a satisfactory quality. The defects were reported to the dealer within 4 days of purchase.  The dealer has been provided with all details and is fully aware. The dealer collected the vehicle and promised to reimburse The claimant but has since reneged on that promise and refuses any reimbursement.

The claimant has rejected the vehicle and claims full reimbursement under the short term right to reject in the consumer rights act 2015 plus costs £XXXX plus interest per s.69 County Courts Act 1984 plus court costs.

 

 

This is broadly the form that your particulars should take .

Keep it short.

We will add to it later on

 

 

 

Edited November 29, 2022 by BankFodder
Edits in red

[BankFodder]

Either is fine.

Please can you detail all the costs you have incurred in respect of this vehicle – insurance – anything.

Please list it out in a tabulated fashion

[BankFodder]

Please will you post up the defence document in PDF format .

Thank you