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I originally asked for a full refund minus a reasonable sum of £200-£300 for the additional mileage
so, about £8000
thats because the total cost to me was £8339. £7790 for the car and £549 for an extended warranty
thinking about it, so long as the extended warranty is legally transferable I would be look at £7500
but they have, in my opinion, been unreasonable so I would like all my money back
hope that makes sense
You need to write 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.
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 £10,000 or less it will be a small claim and you will not need representation. Given you want to claim below this amount you might as well try for it all and see what the Judge says!
Can I clarify anything for you about this today please?
So you think I have a strong enough case to take this to the small claims court?
I think you certainly have a shot.
Its just that it will cost to go to small claims and I am not sure its worth it for what is a reasonably small amount. The garage will claim that they have offered to repair the car and I have cancelled and they will claim that they have offered a reasonable price to buy the car back
If you win you will get the fees back
But you only pay Court fees
still not sure i have reasonable grounds though
I think you have more than 50% which is all you need for a small claim
they will also argue that the car has still been driven
Yes they may.
Litigation is never certain so you may wish to take a lower sum offered.
But you may win at Court
sounds like a gamble
Litigation always is
maybe I will just take the money and run
probably cost them more in bad reputation anyway
Its a matter for you, I can only advise on the options.
Can I clarify anything else for you?
no, if you think that I have more than a 50% chance then I will mull it over
Can I clarify anything else for you today?
one more point
if it goes to court?
and I lose
I pay their court costs?
No - you lose the Court fees you have paid - that is it
and I am left with a lemon?
That is the whole point of a small claim
but I would be left with a dud car
OK, I will think on it