Buying a new car should be a positive experience and nobody expects the vehicle to be faulty – especially when given the green light by the dealer you’ve just purchased it from. Unfortunately this does happen, and our civil litigation trainee solicitor Sana Asghar recently settled a faulty vehicle dispute claim on behalf of a client whose new car experience turned bad from the very same day he bought it.
Sana supported our client through a court dispute against the dealership and won – achieving a £13,741.71 judgement against the defendant and £13,825.65 in costs and disbursement. Discover how Sana engaged her litigation expertise and communication skills to simplify a complex dispute for our claimant and achieve justice.
A vehicle sold under false pretences
Our client bought a second-hand vehicle from a dealer with a mileage of over 110,000. After test-driving the car and completing the purchase, he encountered engine management and turbo issues on the same day. As per his three-month warranty with the dealer, he sent the car back for repair and diagnosis, which became a repeated occurrence over several months. Eventually, the car completely broke down approximately seven months after the purchase.
He wrote to the dealer and requested a full refund under the Consumer Rights Act 2015, claiming the car was not of satisfactory quality when he bought it, which ultimately led to the breakdown. The dealer, soon to be defendant, denied all knowledge of these issues and claimed that it had just passed an MOT before the purchase.
Adamant that the car was sold under false pretences, our client paid for an independent engineer to check the vehicle. They diagnosed suspected engine failure, but this didn’t change the dealer’s position. The vehicle owner turned to Optimal Solicitors for expert legal advice and litigation support to bring the dealer to justice and get the refund he deserved.
The law: Faulty car disputes and the Consumer Rights Act 2015When purchasing a vehicle, hidden damages or mechanical issues often go unnoticed at the time of sale. These can lead to significant problems with the car and, in some cases, deem it unfit and unsafe to drive – potentially incurring additional costs to the driver. These problems include:
If these issues were not disclosed by the seller prior to the purchase, the consumer has the right to a full refund under the Consumer Rights Act 2015, which states:
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Faulty Car Dispute
After gathering all information and analysing our client’s version of events, we built a strong case and didn’t hesitate to take the first step towards justice – writing a Letter Before Action to the defendant. This notifies them that litigation is pending if they don’t refund our client or respond in 28 days.
The dealer disputed the request for a refund and instructed their own defence solicitors, who requested more information about our position and version of events, including all vehicle faults. A back and forth ensued and a resolution could not be achieved, so we wasted no time issuing court proceedings and sued the defendant for violating the Consumer Rights Act 2015.
Denying any prior knowledge of the faults, the defendant reiterated that the vehicle passed an MOT pre-sale, which was carried out by a qualified engineer. Unable to establish a cause, they claimed wear and tear, and even shifted the blame onto our client – speculating engine faults could have been from a lack of oil. They also raised issues with our client’s independent engineer report, stating that this was carried out too long after the purchase to prove liability on their part.
Confident in the case we had built around the vehicle faults that were realised immediately after the purchase, we reassured our client that we were ready for court proceedings and prepared to help him get the justice he deserved.
Faulty car purchase case: Keeping the wheels turning
Sana always takes great care to ensure her clients are informed and reassured every step of the way. While it may just be a litigation case for legal professionals, it’s a personal investment of time, money, and stress for our clients – something Sana is acutely aware of. In this case, Sana went above and beyond to bring our client into the process at each touchpoint, advising and guiding him from the Letter Before Action through every pushback, dispute, and progression, with dates and directions included.
By breaking things down and establishing a human connection, our client got the clarity and reassurance he needed in what would otherwise have been a maze of legal jargon and frustrating pushbacks. And when court hearings were imminent, Sana made absolutely sure our client understood his obligations around attendance, documentation, and other crucial elements that could affect the progression of the case.
Optimal outcomes: Justice Achieved in Faulty Vehicle Dispute
During and after the initial court hearing, both parties were given their directions and witness evidence, statements, and disclosure were exchanged. In waiting for the final hearing, Sana fulfilled her litigation obligations in preparing a ‘bundle’ – a collection of all documents relevant to the case, organised and presented in a way that facilitates efficient review and reference by the court, parties, and witnesses.
After pursuing the claim with all her determination and litigation expertise, Sana gained the optimal outcome for our client:
- £12,180 judgement against the defendant, plus £1,561.71 interest
- £13,825.65 in fixed costs and disbursements including a full refund, independent engineer expenses, and trial day expenses
Appreciating the stress our client must have gone through before and during the litigation process, Sana followed up with detailed cost breakdowns and justifications, providing absolute transparency and understanding. This was greatly appreciated by our client, who was happy with the outcome.
Defend your rights and gain justice with Optimal Solicitors
If you think you may have been sold a vehicle or other goods under false pretences, you don’t have to fight your corner alone. Disputes and legal cases can be complex and stressful when going up against a business, but with a deep understanding of the law and a passion for helping consumers defend their rights, our civil litigation experts are ready to help.
As demonstrated by Sana in this case, we’ll simplify the legal process and let no amount of complexity or disputes stop us gaining the optimal outcome. Don’t hesitate to contact us today to get the justice you deserve.
