Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
How did you pay for the car please?
Thanks and no problem
I paid £5000 on credit card as deposit and the balance cash
And what is it you want to have a result of this?
Based on everything and the fact I feel information was with held which would have put me off buying the car and that the product is not in line with the expectations I want my money back
Have you spoken to your credit card issuer yet?
No, I have been dealing with a contact at the head office regarding them sorting the car out but the more I think about it the more I am simply not able to let this go. Should I speak with them? It is my understanding the I am within my right to ask for a refund from BMW?
I would speak to your card issuer as they are jointly liable for any breaches of contract.
However they would only be liable for the sums paid on your credit card, not for the full amount.
You need to write to the dealer and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy. Set out all the breaches of contract and Consumer Regulations.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for more than £10,000 it will not be a small claim and therefore if it is defended you would need a Solicitor to represent you in Court.
Can I clarify anything for you about this today please?
Do I only have a claim against the supplying dealer? The reason I ask is that the car was originally prepared (or not in this case) by BMW at Thorne as it was their car?
Your contract is with the dealer. You can ONLY claim against the dealer.
The dealer would have to claim against their supplier
Does that help?
Do i not have a simple consumer right for a refund without threatening legal action straight away or have i misunderstood my rights
Yes you can ask, if you see my initial advice. But you are saying if you do not then you will sue.
In reality when you ask, they won't give you a refund without you issuing proceedings
Does that clarify?
Hmmmmm yes, In your professional opinion, and I would obviously never hold you to this what do you think the chances of success are? Have you seen any similar cases.
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