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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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On the 18-6-2014 I bought a second hand car from a car dealer.

Resolved Question:

On the 18-6-2014 I bought a second hand car from a car dealer. I started having a little trouble with the clutch and so I had an independent specialist check it out. they say the clutch is worn out and to repair it will cost £1908.48. The dealer was contacted the following day by phone, he was abusive and said he wasn't running a charity and gave no help at all. I have since written to him twice to ask him to either repair the car or to change it. still no reply to either letter. Where do I go from here?
Both my wife and myself are disabled and any car we have has to be altered to be able to drive it, no chance of hiring a car. My wife is also a cancer patient who requires regular therapy, the hospital is about 9 miles away and so I need a car.
If I was to pay for the repair can I claim it back from him or do I have to go to court first
or do I lose all claim? This is urgent as you can see the predicament we are in.
Your help would be very much appreciated.
Regards
Robert Howden
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 :

Please let me know how much you paid, by what method you paid, how many miles the car had done and the age?

Customer:

Car cost £3200 paid on visa and the car has done approx. 97000 miles.

Customer:

I am sorry but I have to go to another appointment now. Can I call you back?

Alex Watts :

Yes you can reply later.

Alex Watts :

Visa credit or debit?

Customer:

Hello Alex Watts, sorry about the interruption but I have a lot more time now.

Alex Watts :

Of course.

Customer:

it was visa credit.

Alex Watts :

Was there a warranty with the car?

Customer:

Yes, 3 months, which expired in September. This was not a document just 3 months warranty written on the sales document

Alex Watts :

Ok - was this fault within that period?

Customer:

The fault did start in that period but not reported to him until 22-10-2014 after having it checked by another company company

Alex Watts :

So that was outside the period in question for warranty?

Customer:

Yes

Alex Watts :

I see. Its bad news I am afraid then. You have a limited time in which to reject goods, after which you can only rely on the warranty.

Alex Watts :

Because the warranty has run out I do not think you have a claim against the dealer.

Alex Watts :

If you had reported the fault within the 3 months, I think it would not be an issue.

Alex Watts :

As you reported it outside the 3 months this does cause you difficulty.

Alex Watts :

Your only possible chance is against the credit card issuer under Section 75 of the Consumer Credit Act.

Alex Watts :

They may reject your claim on the same basis, ie it was outside the warranty period.

Alex Watts :

You can of course try the small claims against the dealer and credit card issuer but you may lose

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?

Ash and other Law Specialists are ready to help you