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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I bought a car in August from a registered dealer and it has

Resolved Question:

I bought a car in August from a registered dealer and it has had an intermittent problem ever since. We're now reluctant to drive the car as one of the problems results in the car not moving forward for a few seconds at a busy junction near my house. I'm pretty sure the dealer sold me the car with this problem. It's needed roadside assistance twice for not starting and it's been into the VW garage to diagnose fault. They couldn't find the problem. The car is only a year old and was used previously by the dealership I bought it from for ferrying its execs around the country. I suspect it will take along time to find the fault and I'm not prepared to drive the car. Are there any grounds for forcing the dealership to give me my money back or find a replacement? Many thanks
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 :

How old is the car and how many miles has it done please/

Alex Watts :

How much did you pay for it?

Customer: Hi Alex. The car is 13 plate, it has done approx 70k miles. I paid £24,000.
Alex Watts :

Is it under warranty at all?

Alex Watts :

What are they suggesting you do?

Customer: Yes approximately 2 years of warranty left.
Customer: they want to investigate issue and try and fix it.
Alex Watts :

Ok - have you taken it somewhere else to get an independent view?

Alex Watts :

Does the fault mean you can't drive it?

Customer: It's been to another VW garage for diagnosis, they can't find any problems. We can drive it, assuming it starts, but with the intermittent problem of not moving off or moving very slowly when pressing accelerator for a number of seconds it is dangerous and we prefer not to drive it.. (We have another car)
Alex Watts :

How did you pay for the vehicle?

Alex Watts :

Have you taken it to any independent garages of VW, for example Halfords?

Customer: Paid in cash, I.e. no finance. I haven't had it independently assessed (i.e. Non VW) I was contemplating this but won't I then start incurring costs? I have had my other cars serviced by a very good and trustworthy garage that I would like to take a look.
Alex Watts :

I would get it looked at by another expert and they can tell you what is wrong with it.

Alex Watts :

Or I would consider using a Court approved expert mechanic to look at it.

Alex Watts :

That expert can produce a report saying what is wrong.

Alex Watts :

Save the cost of that report.

Alex Watts :

Then when you go back to VW you can show them the report and ask for the cost back

Alex Watts :

If they do not carry out the repairs suggested you can get them done elsewhere and seek a refund of the cost including expert report.

Alex Watts :

Or if they do not pay the expert report you can still pursue a claim

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.


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: So I couldn't force the original dealership to give me a refund?
Alex Watts :

Have they already attempted a repair?

Alex Watts :

If so, then no

Alex Watts :

You lose that right under the Sale of Goods Act if they attempt a repair

Customer: They haven't attempted a repair yet.
Alex Watts :

And even then it has to be declared unroadworthy for them to refund you

Customer: would this constitute unroadworthy?
Alex Watts :

I am not a mechanic so could not say - which is why you need an expert.

Customer: ok. Many thanks.
Alex Watts :

But I would guess as dangerous

Alex Watts :

But get an expert report, there are many places online you can see for this.

Alex Watts :

But they must be Court approved.

Alex Watts :

Or get Halfords to look at it - but they may not produce a report

Alex Watts :

A Court appointed expert is far beter.

Alex Watts :

* better *

Alex Watts :

Can I clarify anything for you about this today please?

Customer: No thanks all. Thanks very much.
Alex Watts :

Can I help with anything else today?

Customer: No thank you
Alex Watts :

Great. If I could invite you to rate my answer before you go today - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer: Sorry one more question... What does court approved mean? I just spoke to a garage and they didn't know what this meant.
Alex Watts :

It means they are approved by the Court as an appointed expert and can produce a report if required that meets and is compliant with Court rules

Alex Watts :

http://www.thelawpages.com/legal-directory/expert-witnesses.php

Alex Watts :

http://www.ukregisterofexpertwitnesses.co.uk/

Alex Watts :

https://www.jspubs.com/expert-witness/si/a/automotive-engineering/

Alex Watts :

Does that help?

Customer: That's great thanks
Alex Watts :

Great.

Alex Watts :

Please don't forget to rate before you go please.

Ash and 2 other Law Specialists are ready to help you