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Lost with small claims form

(4 Posts)
IThinkIveHadEnough Sat 02-Jul-16 14:48:27

I'd appreciate some advice please. I'm taking a dealer to small claims due to them selling me a faulty car and not accepting my 30 day right to reject for a full refund.

I filled in the N1 form but think I completely filled it out wrong so need to do it again. What would I put in the brief description of claim and particulars of claim sections? I originally put the details what happened in the first part and a list of all the evidence (letters/receipts/diagnostic report) in the particulars section but after searching online this all looks wrong. Do I enclose all of the evidence in with the form or not? If I don't send it now when do I send it? Also we are on a low income and I have the help with court fees form filled out so do I just send it along with the small claims form?

Finally, we are now past the 30 day right to reject but the issue was brought to the attention of the dealer the day after purchase and I formally rejected the car via a letter dated 3 days after purchase. I also sent a final letter before action on 4th June which was still within the 30 days to reject period - is it a problem that we're now out of this period? Any help and advice would be greatly appreciated. Thank you.

prh47bridge Sat 02-Jul-16 16:46:37

In the particulars of claim you need to give a clear, short statement of the facts of the case including how much you are claiming. Remember to include a claim for interest.

The brief description will be something like, "Payment of money for breach of contract arising from purchase of a car which was faulty - Consumer Rights Act S20."

You do not enclose evidence with the form. No evidence is needed unless the dealer defends the claim.

Yes, you send both forms together. Note, however, that it is cheaper if you lodge your claim online.

The fact that the 30 days has now expired is irrelevant. Provided you rejected the car within 30 days and have not used it since, your rejection stands and you are entitled to your money back.

IThinkIveHadEnough Sat 02-Jul-16 20:09:24

Thank you so much prh46bridge.

I've rejected it and not used the car, it's just sat there outside..annoying me. I've not really got the money to do the claim online which is why I was going to do it paper based. I know you can do the form afterward to try claim the money back but I was hoping to send them together and not have to pay anything at all.

Last question if you don't mind. Since the car hire became too expensive we tried to use weekly bus passes to keep costs down but we have had to also use taxis. The reason for this is that my husband suffers from depression quite badly and sometimes cannot leave the house. This means I have had to take all the children to school and nursery then go to work. I can't viably do this via buses otherwise I would be late for the kids. I still have two of the bus passes but no receipts for the taxis. Can I put these down as part of the claim or would I have to have receipts for these?

Thank you again, I really appreciate it flowers

prh47bridge Sun 03-Jul-16 00:23:54

I would put them down. If you don't claim them you won't get them. If you do claim them the worst that can happen is that you still won't get them. Even if the court decides you can't have the bus passes and taxi fares back (or only some of them) it won't affect your claim to get the cost of the car returned.

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