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

[BankFodder]

Please can you post up a copy of the final particulars of claim which you used. There were so many edits et cetera, I'm not sure what the final version was.

Also, as far as I can see we lost sight of the distance selling rules and that hasn't been pleaded. That's a shame.

I've looked back over the thread and I see that you originally raise that issue with him and you were told that it didn't apply.

When you tell that in writing? If so can you please post the message which you received in respect of that.

Clearly the defendant has had some help in drafting this defence. This is definitely not his own work.

Don't worry there are lots of flaws but I'd like to see your original particulars of claim

[BankFodder]

Absolutely. Don't worry about lawgistics.

 

Stick to your guns

[BankFodder]

Follow the link to the advice we give about preparing your court bundle

[BankFodder]

9 minutes ago, Rosie4567 said:

Can I ask how this resulted with regards to Browns Car Company Ltd and your hearing? Thank you 

we don't even know the hearing is taken place because for some reason known only to the OP, he has even redacted the date of the hearing.

However, if you have an issue, please start your own thread and put your questions there and we will help you separately.

Posting messages on someone else's thread simply confuses things for them and also the people who would want to help them

[BankFodder]

In paragraph 2, you should be referring to the 30 day right to reject under the consumer rights act. You can also refer to the 14 day distance selling rules as you have done, but you should be relying principally on your short-term right to reject because it is a defective item

In paragraph 9, you say that the defendants indicated that this was a matter for the consumer rights act. You should point out to the court that this is exactly what you are doing and that you are relying upon your short-term right to reject – 30 day rule – as outlined in paragraph 2 of your witness statement.
It is clear that the defendant acknowledges your rights and their obligations under the consumer rights act but despite this, they are refusing to apply them.

Paragraph 10, although the diagnosis which you obtained is described as a quotation, it still contains a proper evaluation of the faults in the motor vehicle and it is simply a quotation because it also includes an estimate for repairs.
There is no reason why the court should not accept this as a true list of faults which have been revealed upon inspection by the author of the quotation – in particular because it confirms the existence of the defects which have been identified elsewhere.


Paragraph 12 – the defendants claim to have opted out of the 14 day distance selling rules – but there is no opt out available – but in any event as well as rely on the 14 day distance selling rules, your cases predicated particularly upon 30 date short-term right to reject contained within the consumer rights act – section XXX (I can't remember)

 

Paragraph 16 – you have and referred to the fact that the car was not of satisfactory quality. This really is the essential element. You have referred to fitness for purpose but satisfactory is more important. Include "satisfactory quality" as well as fitness for purpose if you like

 

I'm afraid I don't want to go back through this entire thread – but can you tell us about the MOT.
It came with a recent MOT. Who was it who gave it the MOT? Did I recommend that you get a corroborative MOT from an independent garage?

Is it clear that the MOT should not have been given?

[BankFodder]

You should specify to the expert that you will particular reference to  likelihood  of it passing an MOT with that item disconnected.

You are fully entitled to tell the expert that you want a particular comment on that aspect..

Please give us the name of the MOT garage which did that original MOT.

If you have photographs of the disconnection and that is changed by the dealer then you should bring that to the attention of the court and the court will form its own conclusions as to the integrity of the garage

[BankFodder]

Incidentally, you should put your request to the expert in writing.

Quote

Dear XXX

You will be inspecting my vehicle registration XXX on XXX date.

In addition to your routine inspection I would be grateful if you would say particular attention to the fact that the brakes has been disconnected and I would like you to comment on the likelihood of the car having pasta MOT in that condition.

Also I would like you to come and generally on the car's condition in relation to the recent MOT.

I am surprised you with a photograph which I took which shows that the brakes system was disconnected.

If on inspection you find that the system has been reconnected, then I would be grateful if you comment on whether there is evidence that it has only recently been reconnected and also if you could comment on the basis of the photograph as to whether it would have passed and MOT in that condition.

 

Something like that.

 

 That letter will have to be produced to the court as well

[BankFodder]

Just now, toystorydog said:

About the copy to the court, I wonder is that copy together in the witness statement and court bundle package? or CC together when submit to the SJE?

????

[BankFodder]

yes

[BankFodder]

Write an email to the MOT centre and tell them that the car is being inspected in order to produce an expert report for court and that they will be named in the report if the inspector reports back that it should not have passed its MOT.

Tell them that if they want to contact you about this then they should do as soon as possible

[BankFodder]

Don't send that. What is all this business about New hope that your message finds them well? Etc

You aren't asking for a favour or trying to marry their daughter.

And by the way, the purpose of writing to them is to get a bit of conflict going between them and the dealer.

I can imagine that the MOT station will be alarmed that they are going to be referred to in court and that their favours for the dealer are going to be publicised.

It will put extra pressure on the dealer to settle

 

Wait for a further response later

[BankFodder]

2 hours ago, toystorydog said:

 

Dear xxxxx

 

Vehicle Model XXX, Registration Number XXX

 

I'm writing in the interests of transparency to put you on notice that the above vehicle which was MOT'd by you on behalf of XXX dealer on XXX date is now subject of litigation because of its poor condition.
The court has ordered that the vehicle be inspected by an expert whose testimony will be used during the litigation and which will be taken into account by the judge.
The inspection is due to take place on XXX date.
There are a number of obvious issues with the vehicle which relate to its roadworthiness and the expert has been asked to comment on those issues particularly in addition to producing a report about the general condition of the vehicle.
If it is the expert' s opinion that the vehicle was not in roadworthy condition and should not have passed its MOT, then assuming that the dealer wishes to continue to have the matter tried in court, the judge will be asked to comment specifically on the findings of the expert in his judgement and a copy of that judgement will then be sent to Trading Standards as well as being published on the Internet.

Best wishes

signed

 

 

 

[BankFodder]

10 – I have supplied a second diagnostic test and which confirms that the defects outlined above…

Also, instead of using "there is no dispute", I think it would be better either to say – "the defendant admits…" or else the "defendant does not deny…"

It's a matter of style but I think it works much better in your favour