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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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2 years ago I was sold a car on HP the reading on the milage

Resolved Question:

2 years ago I was sold a car on HP the reading on the milage was false. I have taken this to the ombudsman who along with the finance company have made the agreement to pay me my deposit with 8% interest plus no further payments and return of the car.

However it is my understanding that I have the right to send the car back anyway and that the deposit is held in a fund which I can demand back as is the law.

So therefore my offer amounts to what I am entitled too

My question is therefore can I get a full refund of money paid which amounts to 3500 not to mention damages I have paid 1700 on repairs 750 on a second hand car
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX 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.

Alex Watts :

Are you saying the Ombudsman got it wrong please?

Customer:

Yes although although the ombudsman can review before the final decision but at present I do not have any faith in the decicioning of the ombudsman

Customer:

Decision making of the ombudsman

Alex Watts :

If you get a full refund of the car and deposit, on what basis are you saying you are entitled to a £750 replacement car?

Customer:

No due to repairs on the car and it currently being off the road since Dec 2013 I have purchased another car second worth 750

Alex Watts :

Potentially you have a claim for the £3500

Alex Watts :

This is breach of contract by false representation

Alex Watts :

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.


 

Alex Watts :

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.

Alex Watts :

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.

Alex Watts :

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.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

basicaly alex the car milage at time of purchase read 84000 miles when infact in 2009 on checking vosavisa records due to breakdown it was 115000 miles. Allthough I acknoacknowledge the finance company did not tamper with the milage; I have been miss sold the goods

Alex Watts :

Yes I understand this.

Alex Watts :

This is breach of contract.

Alex Watts :

Not as described and misrepresentation.

Alex Watts :

But you should follow the steps above to recoer your losses

Alex Watts :

Can I clarify anything else for you?

Customer:

Who do i send the this to, the finance company, do i inform ombudsman, would it be better to have a solicitor

Alex Watts :

Yes you need to send it to the finance co

Alex Watts :

But you dont need to have a Solicitor as its a small claim and costs are limited for recovery so it would cost you more.

Alex Watts :

You dont need to inform the Ombudsman at this stage

Customer:

Thank you

Alex Watts :

Does that help?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

Yes i will proceed to inform the finance company i will also inform ombudsman of my intentions

Alex Watts :

Ok - good luck with this.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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