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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70298
Experience:  Over 5 years in practice
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in june 2012 i bought a ford ka from atr motors in southampton,the

Customer Question

in june 2012 i bought a ford ka from atr motors in southampton,the car had an air bag fault i was told at the time by atr that this did not matter and that the law will turn a blind eye to this,but having done some reseach the law changed and from the beginging of 2012 it is mot failure,atr sold me this car with air bag fault putting my safety at issue,the car is 3 years old now and needs an mot,i have asked atr to fix the air bag i have also written to them,they say they wont fix it,i will have to pay for it to be fixed,have i got case in small claims court to get my costs from them,even if i won they still may not pay,what will i have to do then
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How old is this car and how much did you pay for it please?
Customer: replied 3 years ago.


the car is 3 years old this week and i paid 4 thousand pounds

Expert:  Jo C. replied 3 years ago.
Thanks.

It is an offence under the Road Traffic Act to sell an unroadworthy car, and if this was an MOT failure of the beginning of 2012 and they sold you the car in June 2012 they have committed an offence.

I would not expect the police to be particularly interested as they are likely to say that this is a civil matter.

However, you may want to refer the matter to trading standards.

In the interim, get a price for repairing the defect and tell the dealer that unless they agree to put the job right, you will take them to court for selling an unroadworthy car and for a breach of the Misrepresentation Act.

If they don't put it right, or agree to pay for it, I would get it fixed and issue small claims court proceedings and let the judge decide the issue.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.


hi jo


 


thanks for your reply which i am happy with,all i would like to know is if i won my case at small claims court and they did not pay,what will i have to do to get my money,because they seem determined not to pay


 


 

Expert:  Jo C. replied 3 years ago.
Then you would have to consider using bailiffs to enforce.

Its not likely to come to that though.
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

hi jo


 


your brilliant ,you deserve the tip,love you.


 


love javed

Expert:  Jo C. replied 3 years ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.

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