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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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On the 30th August I bought a 2nd hand Landrover for £16,000,

Resolved Question:

On the 30th August I bought a 2nd hand Landrover for £16,000, from VW Dealer. The car came with a full 3 month warranty through a company called Carplan. On the 27th September it broke down and was taken the local Landrover dealer and it traspired that a piston rod had gone through cylinder block, wrecking not only the engine but the gearbox and starter motor as well. Carplan gave the go ahead to carry out the repairs for an estimated £14,800. The final cost was £15,700, which is £900 over the original estimate. Carplan and VW won't pay the excess and neither will Landrover. The three companies have reached status quo and in the meantime Landrover are holding my car.
Can you tell me who is liable for the extra cost and do i have the right to return the car to VW and claim a full refund, even though I have passed the 30 day limit on the sales agreement.
Regards ***** *****
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello Stephen my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know by what method you paid for the car?

Customer:

I paid £15,400 cash and par- exchange a Skoda for £600. Transaction total £16,000

Alex Watts :

Goods purchased must be fit for purpose, as described and of suitable quality. if not then you can reject them.

Alex Watts :

Have the repairs been started?

Customer:

Yes.The car has been repaired. Neither Carplan or Landrover will accept the additional £900 cost. VW won't accept because paid Carplan for the original Warranty scheme.

Alex Watts :

Its bad news I am afraid in that cas.e

Alex Watts :

If you had rejected the car before the repairs had been carried out then I think you would have had a claim to reject the goods.

Alex Watts :

However in this case you have accepted a repair and the issue is the costs.

Alex Watts :

In that case you have accepted a repair and I do not think now you can reject the vehicle.

Alex Watts :

If you had not accepted a repair I think it would not be an issue.

Alex Watts :

The issue now is the £900 and that is it.

Alex Watts :

You need to write to all parties and ask that the £900 be paid otherwise you will go to Court.

Alex Watts :

Make sure you send this recorded delivery and give them 14 days.

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 :

You can list each company as a separate Defendant, it does not cost any extra

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.



Can I clarify anything for you about this today please?

Customer:

i didn't think I would be able to return the vehicle but wanted confirmation, so thanks for your help in terms of the 'return'.

Alex Watts :

Yes sadly.

Alex Watts :

If you had the problem and rejected it straight away I think you would be ok.

Alex Watts :

I think you should write to all parties and ask for payment for the £900 within 14 days or say you will go to Court.

Alex Watts :

If they refuse then you issue ONE claim against EACH party.

Alex Watts :

The cost is £60 if you do this online

Alex Watts :

And you can issue a claim against all parties

Customer:

Thank you for that advice. I will do as you advise.

Alex Watts :

Can I clarify anything else for you today please?

Customer:

Thanks for your help. Very helpful and I feel much happier than i did an hour ago

Alex Watts :

Happy to help. If I can ask you to rate my answer before you go - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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