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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My son bought a car on finance , with a 3 month warranty 3

Resolved Question:

My son bought a car on finance , with a 3 month warranty 3 1/2 months later 5000 miles the car all of a sudden wouldn't start , took it to a garage they diagnosed the problem quoted £3500.00 to repair . Can he take it back to where he bought it ,it had very high mileage& was £10,000.00 on finance . He now has a car not Working can afford repair but still paying for the vehicle , what can he do
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Did they say it was defective when purchased please?

Customer: No
Customer: Are you still there?
Alex Watts :

Sorry yes, the system shows me on and offline

Alex Watts :

What is the year of the car and miles on clock when it was purchased?

Customer: the car is a 60 plate Bmw 320 d 2010 the mileage at purchase was 106000 miles . the salesman told him they were moorway miles and ther car was good for 400,000 miles
Customer: motorway miles that was
Alex Watts :

Its bad news I am afraid. The Sale of Goods Act states goods must be fit for purpose and as described. If they are not you only have a limited time to reject them.

Alex Watts :

This is commonly accepted as being 28 days. Outside of this then you can only rely on the warranty. As this has expired then sadly there is no protection.

Alex Watts :

But your son can try and sue for breach of contract - the dealer may make a commercial decision and pay up

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?

Ash and other Law Specialists are ready to help you