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

[toystorydog]

Dear BankFodder,

 

Sorry, let me try again:

- purchase price ~ £8900

- transportation fee ~ £200

- 2 diagnostic reports fee ~£70

- motor insurance and road tax ~ £230

Total ~ £9400

 

I have sent a list of faults identified by garage to dealer by email, together with photos and garages reports were sent to dealer within a week. Is this sufficient?

 

thx for reading

[BankFodder]

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

[toystorydog]

Here you go.

 

Thankyou for your time.

PDF Report evidence .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?

[toystorydog]

Yes, as photo shows the wire is just hanging there without connecting to anything. It was bypassed in the system from getting error code. 1st mechanics commented it is just a matter or time that would grind whatever moving parts it touch and broke off anytime.

 

note: The dealer responded on this fault is that it has passed MOT test hence it is safe & roadworthy. Doubt

Edited November 17, 2022 by toystorydog

[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?

[toystorydog]

The MOT was done just 3 days before delivered to me. The MOT garage is 0.3miles from the dealer's address.

 

The car was collected back to dealer 4 weeks ago, so I'll correct that part a bit.

 

Thankyou

 

[BankFodder]

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

After that please post your final version here.

[toystorydog]

Appreciate your effort

 

A very standardize "Letter before court claim" was sent per CAB advise about 7 weeks ago. I have mentioned in early this week's email that this friday is their confirmation deadline. Would this change looks bad?

[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

[toystorydog]

Because after the last letter of claim, then the dealer resumed communication and agreed on refund agreement, price and car collection. The following 4 weeks was communication for faults verification, like how to reproduce symptoms which is just back and forth arguing and disagreeing with their subjective opinions and dealer have not produce any credible support and evidence.

 

Early this week I sent an email saying since no progress or agreement can be reach then we shall resolve in court with the deadline of this friday. After that they start suggesting alternative resolution but avoided mediation or ADR.

 

At this point I am pretty convince they will continue to drag on without real commitment. So I am thinking I should proceed with court procedure after this week to follow up as said.

[BankFodder]

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

[toystorydog]

 

Please see the draft below. Thankyou in advance

----------------------------------------

To Browns Car Company

Vehicle registration number XXXXXX
 

As you know, you sold me the above vehicle on 12 Aug 22 (this is the invoice date or should it be final payment date?) and delivered on 18 Aug 22. You insisted that I pay by bank transfer.

Within three days after received delivery, I noticed and reported to you certain defects on 22nd Aug 22.
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 to exchange another vehicle and later 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 one months since you collected the vehicle and you have not made any move towards reimbursing my money even though 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 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

[dx100uk]

your english and grammar are terrible...

[dx100uk]

my try............

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 that rendered the vehicle unfit for purpose. 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.

In response and in failing to your legal obligation to honour my rejection, 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 to which you promised me full reimbursement.

A period of 30 days has now elapsed since these exchanges, you have failed, to the date of this Letter of Claim, to action my rejection of said vehicle under my consumer rights, neither reimbursing my money nor informing me of arrangements to collect the vehicle

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 i have been advised, makes 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.

 

From an investigation in to the vehicle, it is documented online that the car was MOT’d three days before my purchase at an MOT station close to you. I find this very suspect that said dangerous safety defects were not present at that time.

 

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

 

Failure to comply with my above demands WILL result in a court claim being issued against you on day 15 from the date of this letter of Claim without further notice. I may also seeking additional seek other financial losses

[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

[toystorydog]

Thankyou so much for both of your help and insights to perfect my claim letter.

 

I'll edit with the final details, send it out today together with the evidences and with recorded delivery. I'll start preparing for the claim and particulars immediately.

Edited November 18, 2022 by toystorydog

[dx100uk]

go thru it carefully

there are a few grammatical errors like small words missing to make a sentence read correctly.

 

[toystorydog]

Dear both,

 

Please kindly help review the following drafted particular of claim. I hope to improve its clarity for court review as well as straighten my claims. I aimed to be concise at the key violations & significant events but leave other details to be described at the timeline of events. Please comment where modification will be needed.

 

Draft particular of claim

-----------------------------------------------------

XXXX – Claimant

 

and

 

Browns Car Company – Defendant

 

PARTICULARS OF CLAIM

 

1. On 12 Aug 2022, claimant have purchased a vehicle Mini Countryman 2.0 SD All4 with registration number XXXXXX from defendant - Browns Car Company via email and telephone. After payment submitted via bank transfer on 16 Aug 2022, the vehicle was delivered to me on 18 Aug 2022.

 

2. Within four days after vehicle delivered, a number of significant faults were diagnosed and reported to defendant with photo evidences. claimant have notified the defendant that the vehicle is not of satisfactory quality followed with rejection of acceptance, requested collection of vehicle and full refund of vehicle purchase price at 22 Aug 2022. Per request by defendant, claimant have provided 2nd diagnostic report from another independent garage on 26 Aug 2022 as 2nd opinion.

 

    2.1. Faults diagnosed & reported:
    - Drive belt tension and belt need replacement
    - Rear brake sensor not connecting & bypassed
    - Timing chain noise
    - DPF almost blocked need replacement
    - Front left tyre damage
    - Front left alloy bend
    - Oil leak in multiple area
    - Missing panel cover
    - Weak battery (diagnosed with only 44% Amp)

 

3. After claimant continue pursuing vehicle refund requests with defendant, they have accepted the refund request on 10 Oct 2022 and arranged collection of vehicle from my address on 18 Oct 2022. But after vehicle was collected, the defendant have refused to process the refund as agreed and claimed the reported vehicle faults cannot be verified.  

 

PARTICULARS OF BREACH

 

4. Defendant have refused to complete vehicle refund request while vehicle have diagnosed with major faults and deemed unsatisfactory quality as well as vehicle purchased online is entitled with 14 days cooling off period.

 

5. Defendant have provided inaccurate vehicle condition on their advertisement.

 

6. Defendant provided misleading information regarding consumer rights.

 

PARTICULARS OF LOSS

 

7. As a result of the above claimant have suffered losses, which was   calculated from the date claimant was expecting to have the vehicle purchase cost refunded.

 

8. These losses are summarized in the table below.
Vehicle purchase price                               £8899
Transportation fee                                      £200
John’s Garage Diagnostic fee                   £30
BVS Brackley Ltd Diagnostic fee              £40
Road Tax (Sept 2022 ~ Jul 2023)            £201.67
Motor Insurance (23 Aug ~ 18 Oct 22)   £130.59
Jump starter with air compressor           £99
Sub Total:                                                     £9600.26
Daily Interest calculated                            £2.10 per day

 

PRE-ACTION CONDUCT

 

9. The defendant misled claimant with the following :

    9.1. Vehicle’s faults was not disclosed in the advertisement material. Instead the vehicle was described as "This lovely car looks & drives superb” on advertisement. The “new service” stated on advertisement were never provided after several inquiries.

    9.2. Defendant was not transparent and provided inaccurate information regarding Consumer rights under “Consumer Act 2015” & “Consumer Contract Regulation 2013” ; Defendant did not inform claimant about the right to cancel, neither did defendant disclose the return and refund policy after claimant requested it.  

    9.3. The defendant claimed they have optioned out of distance sale regulations due to it is not part of their day-to-day business.

10. The defendant did not verify the vehicle’s faults thoroughly nor professionally after collected. Defendant conducted verification were biased and denied most reported faults based on their subjective feeling without providing any tangible evidence nor independent garage inspection per requested.

11. Defendant refused to engage in mediation and alternative dispute resolution suggested.

    11.1. Over the course of communication the defendant did offered exchange of vehicle, replacement of battery as gesture of goodwill as well as resell of vehicle but claimant have declined all of them due to non-satisfactory.

12. Defendant failed to engage and attempt to settle the matter without recourse to legal proceedings, in spite of the fact claimant laid the claim out in detail in the letter of claim dated 18 Nov 2022.

 

--------------------------------

End Draft

 

Please comment and thank you for your time.

[dx100uk]

is english not your 1st language?

not being rude, as unless you are thinking you need to speak in some form of legal jargon, thats pretty terrible.

 

simply use plain english, you are a litigant in person = a member of joe public, against the system, use that advantage.

[toystorydog]

Thankyou for your feedback.

 

Yes, English is not my 1st language. I'll rework on the draft with plain english.

[toystorydog]

Dear,

it seems I cannot edit out my previous posted draft.

 

Below is the revision, hope this is more appropriate. Please feel free to comment.

 

-----------Draft------------

XXXX – Claimant

 

and

 

Browns Car Company – Defendant

 

PARTICULARS OF CLAIM

 

1. On 12 Aug 2022, I purchased the vehicle Mini Countryman 2.0 SD All4 with registration number [removed - HB] from Browns Car Company found through an online platform Motors.co.uk. After contacting the seller by telephone, I inquired about the mechanical condition of the vehicle and confirmed the possibility of refund upon any major issues were to be found. I confirmed the purchase and placed a deposit of £200 via debit card. The remaining balance was made via bank transfer on 16 Aug 2022, and the vehicle was delivered to me on 18 Aug 2022.

 

2. Within four days after the vehicle was delivered, a number of significant faults were diagnosed and reported to the seller with photo evidences. I have notified the seller via email that the vehicle is not of satisfactory quality together with rejection of acceptance, requested collection of vehicle and full refund of vehicle purchase price on 22 Aug 2022.

 

Per request from the seller, I have provided a 2nd diagnostic report from another independent garage on 26 Aug 2022 as 2nd opinion.

    

    2.1. Faults diagnosed & reported:
    - Drive belt tension and belt need replacement
    - Rear brake sensor not connecting & bypassed
    - Timing chain noise
    - DPF almost blocked need replacement
    - Front left tyre damage
    - Front left alloy bend
    - Oil leak in multiple area
    - Missing panel cover
    - Weak battery (diagnosed with only 44% Amp)

 

3. Afterward the seller have stopped responding to my email and letter requests. I pursued the seller about the vehicle refund requests until the seller have finally accepted the refund request on 10 Oct 2022. The seller arranged collection of vehicle from my address on 18 Oct 2022. After the vehicle was collected and conducted their inspection, the seller have refused to process the refund and claimed most the vehicle’s diagnosed faults do not exist, have passed MOT test prior to delivery or not considered as major faults.  

 

PARTICULARS OF BREACH

4. The seller have refused to complete the vehicle refund request even after major faults were reported from 2 independent garage inspections  as well as vehicle purchased online is entitled with 14 days cooling off period.

5. The seller have provided inaccurate vehicle condition on their advertisement.

6. The seller provided misleading information regarding consumer rights. (ie. definition of faults)

PARTICULARS OF LOSS

7. As a result of the above I have suffered losses, which was calculated from the date I was expecting to have the vehicle purchase price to be refunded.

8. These losses are summarized in the table below.

Vehicle purchase price                                   £8899
Transportation fee                                          £200
John’s Garage Diagnostic fee                       £30
BVS Brackley Ltd Diagnostic fee                  £40
Road Tax (Sept 2022 ~ Jul 2023)                £201.67
Motor Insurance (23 Aug ~ 18 Oct 22)       £130.59
Jump starter with air compressor               £99
Sub Total:                                                         £9600.26
Daily Interest calculated                                £2.10 per day

 

PRE-ACTION CONDUCT

 

9. The seller misled me with the following information :

    9.1. The vehicle’s faults was not disclosed in the advertisement material. Instead the vehicle was described as "This lovely car looks & drives superb” on advertisement. The “new service” stated on advertisement were never provided after several inquiries.

    9.2. The seller was not transparent and provided inaccurate information regarding Consumer rights under “Consumer Act 2015” & “Consumer Contract Regulation 2013” ; The seller did not inform me about the right to cancel, neither did the seller disclosed the return and refund policy after I have requested it.  

    9.3. The seller claimed they have optioned out of distance sale regulations due to it is not part of their day-to-day business.

10. The seller did not verify the vehicle’s faults thoroughly nor professionally after collected. The seller’s vehicle verification were biased and denied most reported faults based on their subjective feeling without providing any tangible evidence. The seller also did not provide any independent garage inspection as requested.

11. The seller refused to engage in mediation and alternative dispute resolution that was suggested.

    11.1. Over the course of communication the seller did offered exchange of vehicle, replacement of battery as gesture of goodwill as well as resell of vehicle but I have declined all of them due to non-satisfactory condition.

12. The seller failed to engage and attempt to settle the matter without recourse to legal proceedings, in spite of the fact I have laid the claim out in detail in the letter of claim dated 18 Nov 2022.

[dx100uk]

14 hours ago, toystorydog said:

together with rejection of acceptance

not such thing, you mean short-term right to reject under consumer laws.

 

are you using MS word or something you could enable the grammar checker?

 

lots of errors, like:

14 hours ago, toystorydog said:

Afterward the seller have stopped responding to my email and letter requests.

you don't need the word have.

 

14 hours ago, toystorydog said:

the seller have refused to process the refund and claimed most the vehicle’s diagnosed faults do not exist, have passed MOT test prior to delivery or not considered as major faults.  

 

has refused, .....most OF the ......HAS passed an MOT...or ARE not

 

14 hours ago, toystorydog said:

after collected

collection.

 

there are many more

 

also make it clear you paid for 2 reports when it was NOT YOUR RESPONSIBILITY to do these things under your consumer laws.

 

 

dx