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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69983
Experience:  Over 5 years in practice
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I purchased 3 new tyres from tyre garage and paid in full by

Resolved Question:

I purchased 3 new tyres from tyre garage and paid in full by debit card. Their offer states that if you could find another dealer with the same tyre size,make,etc,etc, within 7 days of purchase then the original dealer would refund DOUBLE the difference. Having proved to the assistant and manager that I found another dealer with tyres same make,size etc the manager boasted that he had been trading for 35 years and had only had to make a refund ONCE. He has refused my declaration and talked on and on about another firm next door who offered the same tyres for £192 as against his at £145. What do I do now, I'm nearly 70?? Tha
nking you in anticipation, Keith G Wilkins. ( sorry for mistakes as I'm still finding my way on this computer.....)
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Whats the sum in question please?
Customer: replied 2 years ago.

sum for all three tyres £435 ( £145 each) the difference from the cheaper dealer for the same etc is £5 per tyre Doubled up would be £30. The dealer

who fitted my tyres is; TOTTON TYRE AND EXHAUST also trading as PENTSTREND GENERAL TRADING CO.LTD. 138/142 Commercial Road, Totton, SouthamptonSO40 3AAI know the amount is lower than your charges,but I did not know you charged that amount but if you think it is worth carrying on, by all means do so, or can I pass to on these charges to the dealer.

Expert:  Jo C. replied 2 years ago.
Thanks.
Clearly you do have a right to this sum under the contract if the facts are as you say.
However, you cannot change the fact that the garage is refusing to comply. Therefore your only options are either write the money off or sue.
If you do decide to sue then it would be irresponsible of me not to warn you that suing for £30 might be considered vexatious by the Court and you may be at risk of costs. Small claims court Judges can be unreasonable sometimes.
One compromise is to write to him demanding the funds and making clear that you will sue in default. Give him a specific date upon which to comply.
If he does not then you can issue here
www.moneyclaim.gov.uk
and probably they would just settle.
If they do not though then you do have a claim. A Court may or may not be displeased about having to consider such a small sum though and it would be unfair of me not to warn you of that.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69983
Experience: Over 5 years in practice
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