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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have bought a second hand car from a dealer ( cost £45,000

Customer Question

I have bought a second hand car from a dealer ( cost £45,000 ) - I only dealt with him on the telephone -viewed the car on the website - and I sent the full purchase price to pay for the car prior to collecting the car .When I collected the car there a fault in the engine .I was told this would clear but I eventually took it to another main agent and they told me it required a significant repair . I obviously attended the dealers premises to collect the car but as far as I am concerned the car was bought and paid for when I sent the money .
Am I covered by the Distant selling protection ?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : How many days has it been please?
Customer :

The vehicle was collected on Thursday 12 June

Alex Watts :

You are covered by the DSR's then yes

Alex Watts :

The BIS takes the view that if you order a car online you can specify standard factory options, test drive it and, within seven working days from the day after you take delivery, cancel (in writing) under the Distance Selling Regulations and receive a full refund. You should get your money back within 30 days.

Alex Watts :

However, the Distance Selling Regulations aren’t a guarantee of an easy time of it, and a dealer may be less than happy to take the car back. Ultimately if a dispute can’t be resolved you may need to resort to court action.

Alex Watts :

You should to write and set out your losses and ask for a refund within 14 days or say you will go to Court. Make sure you send this recorded delivery and keep a copy.

If they refuse then you can issue proceedings which can be done online at: www.moneyclaim.gov.uk or by competing form N1 at: https://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

The Court will then issue the claim which will be sent to the Defendant and they will have a limited time to defend it, if not you can enter Judgment and enforce it. If the matter is defended it will be set down for a hearing. If the losses are £10,000 or less then it will be a small claim and you do not need representation.

Can I clarify anything for you about this today please?

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