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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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bought Toyota Yaris in Feb,2014 after 4and half months later

Resolved Question:

bought Toyota Yaris in Feb,2014 after 4and half months later it caught fire. Manufacturers are saying insurencers will pay and until insurers ask them they will not pay me. If my insrencers pay my premium will go up. The sale of good act 1979 states that ....??? where do I stand
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 :

Have you claimed on your insurance please?

Customer:

yes they will send letter of offer by the end of the week

Alex Watts :

Ok - do you know the cost of increased insurance and excess?

Customer:

no

Alex Watts :

Ok - you can sue the dealer (not the manufacturer) once you know those costs. You have 6 years to make that claim under the Limitation Act 1980

Alex Watts :

You need to write and set out your losses (once you know what they are) and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed 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?

Customer:

The car was about £15K plus loss of income and lots of items in car burnt down.

Customer:

can I print your answers or can you e-mail to me please

Alex Watts :

Yes but you will know your losses once the insurance has paid out'

Alex Watts :

Once you rate then the format changes

Alex Watts :

You can come back to it at any time or copy and paste

Alex Watts :

Is there anything else I can help with today at all?

Customer:

another topit being a land lord how can I evict my tenants as i need to renovate the place and he is refusing to leave

Alex Watts :

That is a new question but could I invite you to rate this answer and post a new one for that?

Alex Watts :

You can put it for my attention: For Alex W and I can pick it up and answer it straight away for you/

Ash and 2 other Law Specialists are ready to help you