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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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Dear Sir/Madam,06/06/2014 I bought a BMW 745i for £ 3489.

Customer Question

Dear Sir/Madam, 06/06/2014 I bought a BMW 745i for £ 3489. Car was described as "DRIVES LIKE NEW, IN LOVELY CONDITION THROUGH OUT" (I have a copy of the advert). The price gained 28 day guarantee, for which I paid an extra £ 50. At the moment car has following issues: - Leakage from the engine - Leaking Radiator - Faulty automatic transmission (noticeable jerking) - Faulty electronic handbrake - Crackle front and rear suspension The next day I did inspect the vehicle in small garage. I have not received an official report, in addition to print showing the errors in the onboard computer. From mechanic learned that the car is leaking from the engine and radiator. During the ride noticeable was jerking gearbox. On the same day I sent information about issues by email to the seller by the Web site (I can not prove it, because I did not get any confirmation that I sent this e-mail). I did not get any reply. On 06/17/2014 I made inspections of the engine in the BMW authorized service. The cost of repairs was estimated at £ 440. Not checked then any other components of the car. On the same day I visited the seller in person. I tried to explain that I expected to repair the car. Seller first said that the warranty does not cover cars with so much mileage as mine and told me to go out and send the claim in writing. A week later, I sent a letter in which I ask for a repair. I never got an answer. In the meantime, I made an appointment at another garage, specializing in the repair of BMW, to find out how much will cost to repair the gearbox. A service driven the car and said, "without the £ 4k do not book any appointments" In this meeting also did not receive an official report. When I learned that the cost of repairing exceeds the value of the car, I contacted a solicitor, who advised me to send the claim to seller for a full refund within 7 days. 26/07/2014 I sent such a claim, which of course I have not received an answer. 12/08/2014 I sent a claim to the small court as a "claim for breach of the Provisions of the Sale of Goods Act as a vehicle does not correspond with description (section 13) is not if satisfactory quality, and is not fit for purpose. (Section 14 (2)) ". 15/08/2014, probably after receiving a letter from the court, the seller called me offering car repair., I told him that I do not know what to do, because I sent a claim to court and I have to contact with a solicitor. My lawyer advised me accepted this proposal because if the hearing in the court, court can be considered that I was "unreasonable" if I did not agree to the seller proposals. On 19/08/2014 I took the car to the dealer, who wanted to carry out their own inspections. During the conversation, first offered me a full refund without cover court costs, because, as he said "they do not pay court costs." I was ready to agree to this, but then the seller stated that I drove this car 2000 miles (unfortunately, I can not prove that I did not passed because it wrote down the mileage) and still driving this car because "he saw me through the window." Therefore offered me £ 3000. I did not agree to this and said that I wait for the results of their inspection. Seller said that they will not do anything until I did not send them a reports confirming that the car actually exist such faults, which I submit. Indeed, in most cases, have no such reports, but whether, for example. In a situation where lit a warning light that I do not have the handbrake, on-board computer tells the same fault and actually, physically do not have the handbrake, is do I need to provide a report confirming, I do not have the handbrake? I think it's ridiculous. Or do in a situation where I just feel that gearbox is not working properly, then do I have to prove the seller in writing? At the moment I do not have a car that is very necessary to me, and the seller does not respond to my messages regarding his possible decision or offer. I have no idea what I can do. Personally I do not believe that the eventual repair will be performed correctly because of the cost, and the best option for me would be a full refund, but I do not know how to get to this seller. I'll be grateful for the answer to the question of whether the seller has the right to require me reports confirming the obvious faults and how long he can hold the car on the pretext of inspection? I'll be grateful for the legal basis. Best regards ***** *****

Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

I will very grateful if u can cancel this question as seller oferred me a full refund and I don't need a help in this matter anymore. Many thanks.

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