Hello my name is ***** ***** 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.
What is the cost of the parts please?
The part normally comes as a kit. The car dealer gave me a figure of £90 and said they will buy parts separately rather than a kit. An independent Audi garage told me a genuine Audi kit will cost £200.
Ok - I would say that you will pay, but without prejudice to taking the matter further
This will at least get it repaired and fixed, which is what you want
If you refuse and take them to Court it could take forever
After the work has been done you need to take the following steps:
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.
Can I clarify anything for you about this today please?
Am I not entitled under Sale of Good Act to request the car dealer to pay for parts and labour?
That depends - because it is second hand the rights are far more limited.
It depends on age, condition, price paid, miles etc.
But that would all take time
You want the car fixed
You could take them to Court and it would take 6 months
But then you are without a car
Or you could pay and then sue
Does that clarify matters?
A little bit.Do you think I need to send them a letter outlining the history of buying this car and let them know I'm prepared to pay for the part (a gesture of goodwill on my part) even though I don't trust them to repair it to a good standard?
Yes I would send them a letter. You can always get it inspected by a third party afterwards
Does that help?
What does enter Judgement and enforce mean?
Enter Judgment means get a CCJ
Enforce means you can send in bailiffs, freeze bank account etc
I see. What's the estimate cost of taking this claim to small claims court?
It really depends how far it gets
In your experience what's likelyhood of me winning this claim? And what steps should I take from now on to ensure I have everything to succeed with this claim?
Litigation is never certain, but it does sound like you have a valid claim
You just need to take the steps I outlined above. Chances are they will settle once they get the claim form
Ok, thanks. What's the range of costs associated with small claims court costs?
£35 - £500
But any costs are added to the claim if you win
This repair when carried out improperly could lead to a permanent damage to the car engine. Is it reasonable to request the car dealer to issue a warranty on the repair?
Do you think I should mention in my letter to them if the repair is not carried out properly I will take them to small claims?
You wont get the warranty and it is not something they are obliged to offer. However they must act in accordance with S.13 of the Sale and Supply of Goods and Services Act 1982 by acting with all reasonable skill and care.
Yes the letter is a reasonable proposal.
Does this answer the question for you today?
What will be the basis of my claim if the car is repaired? What if the car is repaired to a poor standard but the fault doesn't show immediately
effectively making the car a ticking 'time bomb'
What are my options there?
If the car is repaired then you claim the cost of any losses back, ie the cost of the part.
If the car is repaired at no cost, you have no claim, the damage has been made good
If you have the car repaired you can get a second opinion on the fix
You can't refuse the repair and get someone else to do it
Does that clarify?
So, I will only be able to claim the cost of the part (£90)? I believe I've been sold a faulty car and I would like to claim a full refund.
I signed the agreement to buy the car nearly 4 weeks before the actual sale duet to the dealer fixing the faults. Since the purchase of the car I had to hire a car twice while the car I bought has been back for repair for further two weeks. I've paid for the car £7200!!!
As a used car you have very limited rights.
Please see my answer above
The Judge will consider the price, age, defects etc
You could try and take it to Court and it would be a small claim
The cost of a £7000 claim is around £750
You have to give them a reasonable opportunity to fix and mitigate your loss
If they are saying they will pay for the repair save for the part of £90 that is reasonable
Therefore you should allow the repair and sue for the £90 item
You can try and claim a refund, but based on the fact the car is used, any claim is not without risk
I understand that. On what basis will I sue them for £90?
On the basis they will repair the car because it was faulty and it has been in before and it should have been fixed
Ok. If the car sustains a further or permanent damage following the repair what will be my options then?
You could sue for any cost of repair/replacement
What would be the time limit for such a claim?
Can I clarify anything else
The car was sold with one year limited warranty from a third party warranty provider (Warranty 2000). Is it true that by law the car dealer should provide me with 3-6 months warranty cover from the date of purchase irrespectively of any other additional third party warranties? After 6 months anything that will happen to the car will be my responsibility in terms repair costs unless I could prove it otherwise.
There is no law saying you are entitled to a warranty
The dealer does NOT have to give one
Does that clarify the position for you?
Ok, thank you. That will be all from me.
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Ok, will do. Thanks.
Thank you. Have a good weekend
All the best and do take a moment to rate before you go
Would I be able to claim for car hire, transport cost and other inconvenience cost resulting from this car fault?
Sorry about the typo before.
Probably not - because you have a duty to mitigate your loss.
Ie minimise it
It would not be reasonable or proportionate.
Does that clarify for you?
yes, thank you.
Great. Have a good weekend and of course remember to rate before you go