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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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On Monday 06/10/2014 purchased a used car (private sale) at

Resolved Question:

On Monday 06/10/2014 purchased a used car (private sale) at cost of £3750.00. Car seemed fine when checked before purchase. On driving home, after about 45 miles car stopped and would not start. Phoned breakdown and left with them over night and they checked it next day. Phoned me late afternoon today to tell me engine needs stripping down for major repairs or to replace the engine. They tell me that someone has had the sump off and the bell-housing was loose. Car sold to me as seen. Have I , what is commonly known as, a leg to stand on ?
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 :

For now please let me know the age of the car and also miles it had travelled?

Alex Watts :

Why did you not get the car inspected?

Customer:

First registered in March 2005. Total miles 63000. Didn't think it was necessary.

Alex Watts :

Thank you. As you know its buyer beware from private sellers.

Alex Watts :

You could have had the vehicle inspected - you did not

Alex Watts :

Claims against private sellers are very hard because you have fewer rights.

Alex Watts :

I do not think you have a claim sadly, but I will give you the procedure in any event. If you lose then you only sacrifice the Court fees

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 signed delivery and keep a copy.



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.



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.



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.



Can I clarify anything for you about this today please?

Customer:

Thank you. Was as expected.

Alex Watts :

Does this answer the question for you?

Customer:

Yes. Thank you.

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