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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My car had to have a replacement engine. took it to a reputable

Resolved Question:

My car had to have a replacement engine. took it to a reputable company, they had problems getting some parts from BMW it now has been with them 16 weeks and they keep giving dates and not achieving them its either this problem or that problem and another week goes by. i have paid a deposit. I have not sent a letter or email, just phone calls. my questions are. 1. I want the car fixed and want a definative date. 2. failing that i want the car back and deposit. 3. A letter to how i can legally force them to comply
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Are you asking us to do the work? I ask as this is a question and answer site. We can not act for you and only tell you what to do. Is that ok ?
Customer:

its info i need to progress i do not need you to act for me thanks.

Customer:

Have you received my response?

Alex Watts : Ok good.
Alex Watts : You should now reduce everything to writing so that you have a record.
Customer:

ok

Alex Watts : You should write and say that you want the car repaired within 7 days or you want it back and a full refund. If a full refund is not forthcoming then you will issue proceedings
Alex Watts : Make sure you send this recorded delivery and not by email.
Alex Watts : Recorded means it will be signed for and you have a record.
Alex Watts : Can I clarify anything for you about this?
Customer:

What will the proceedings be?

Alex Watts : How much was the deposit?
Customer:

£1750.00

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?
Customer:

Would i do better going to a solicitor and getting them to send a letter as it would carry more weight?

Customer:

And could i recover such costs incurred?

Alex Watts : No, that cost could not be recovered and would be about £200
Alex Watts : Only fixed court fees can be recovered if you go to court
Customer:

Ok as i thought. Thanks.

Alex Watts : Can I help with anything else?
Customer:

No Thank you

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