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Ask ivorylounge Your Own Question
Category: Law
Satisfied Customers: 33361
Experience:  Barrister at Self Employed Barrister
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I purchased a 3yr old van for £7000+vat from a garage with

Customer Question

i purchased a 3yr old van for £7000+vat from a garage with newly a reconditioned engine, this lasted 10 months/10,000miles then blew up and needed another recon engine.
I went back to the garage i bought the vehicle off he said it was only 6mths warranty.
I was not happy about this, he verbally quoted around £2500 for supply & fitting another reconditioned so instructed him to go ahead.
After many phone calls and chasing up this took him 5 months to do.
on collecting the vehicle there were clear problems with the engine so i immediately had it inspected by a qualified vehicle inspector IAEA registered.
He found this to be full of faults & not a reconditioned engine.
It took a further year to get the garage to agree to have the engine reconditioned.
They picked up the vehicle and told me it would be 4-6 weeks, they had it for 6mths .
I eventually picked up the vehicle and checked it when i arrived home only to find it had not been reconditioned, not even had the oil filter changed.
I rang the engine reconditioners that he said he was sending it to and they said they have only repaired it and were not asked to recondition it.
I have had the vehicle inspected again and the conclusion of the report states the engine requires full reconditioning as it has not been done and the engine is likely to fail as it is.
There are still numerous faults & damage to the vehicle that has occured whilst in their possesion.
I bought this vehicle as a private sole trader, with a £10,000 loan from the bank i have had it 3yrs, only used it for 10mths.
I am going to take him to small claims court and have issued a 14day notice and now a 7 day notice, both have been ignored.
My questions are:
can i claim hire vehicle costs ( £1178 in first 2 months then bought another cheaper vehicle)
can i claim my report fees
can i claim loss of use, depreciation, loan repayments or interest on them.
Just not sure what i can reasonably claim for
Thanks Adam
Submitted: 2 years ago.
Category: Law
Expert:  ivorylounge replied 2 years ago.
Adam, You are entitled to claim the losses which you incurred as a result of the engine failure. If you can show that the hire charges are reasonable and you had no use of another vehicle then you would be able to pursue this claim. Again you would be entitled to claim report fees. You are going to struggle with depreciation and loan repayments fees. But you would be able to claim interest on the money which you have spent (hire etc) at 8% per annum pursuant to s.69 of the county court act 1984. You may also be able to claim a small miscellaneous sum for calls, travel and postage. Happy to discuss but please rate positive.
Expert:  ivorylounge replied 2 years ago.
I hope that this helps - please rate positive - thanks