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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have bought a car radiator off of a company trading on ebay.

Customer Question

I have bought a car radiator off of a company trading on ebay. i had the radiator fitted by my local garage the next day it started leaking, took the car back to garage and they told me it is the actual radiator that is leaking. I contacted the seller and he wants me to send back the radiator and he will then send it back to the manafacturer to verify the fault. my question is can i ask for a replacment before i take the first one out and can i claim the cost of the garage carrying out the work and is thier any recompense for the time i am without the vehicle bearing in mind that i live in a rural villagr with no public transport.
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 whether it was new or used radiator?

Alex Watts :

How much did you pay?

JACUSTOMER-3nnlc4g4- : The radiator was new and advertised as Len with. 2 year warranty.
Alex Watts :

Did you tell the seller that you lived in the country and why you needed this please?

JACUSTOMER-3nnlc4g4- : No I have not
Alex Watts :

You can claim the cost of the garage carrying out the work but not the time spent because you live in a rural area

Alex Watts :

This is because you did not discuss this before contract

Alex Watts :

You need to write and set out your losses and request a refund of the extra garage costs 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?

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?