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Hello my name is ***** ***** I will help you with this.
Please let me know how much you paid, by what method you paid, how many miles the car had done and the age?
Car cost £3200 paid on visa and the car has done approx. 97000 miles.
I am sorry but I have to go to another appointment now. Can I call you back?
Yes you can reply later.
Visa credit or debit?
Hello Alex Watts, sorry about the interruption but I have a lot more time now.
it was visa credit.
Was there a warranty with the car?
Yes, 3 months, which expired in September. This was not a document just 3 months warranty written on the sales document
Ok - was this fault within that period?
The fault did start in that period but not reported to him until 22-10-2014 after having it checked by another company company
So that was outside the period in question for warranty?
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.
Because the warranty has run out I do not think you have a claim against the dealer.
If you had reported the fault within the 3 months, I think it would not be an issue.
As you reported it outside the 3 months this does cause you difficulty.
Your only possible chance is against the credit card issuer under Section 75 of the Consumer Credit Act.
They may reject your claim on the same basis, ie it was outside the warranty period.
You can of course try the small claims against the dealer and credit card issuer but you may lose
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?