Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Just to clarify you have accepted the vehcile being repaired?
Alex Watts : Ok. That does complicate matters.
Alex Watts : You need to write and set out your losses and request they do the repair or refund you 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 repair or 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 the finance company as second defedndant as they are jointly liable under section 75 of the consumer credit act.
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 clairfy anything for you about this today please?
Customer: How long the legal action will take if I go down this road & will I have to cancel my finance with the company because they told me if I return the car to the dealer he have to sort out the finance with them but if not I have to be liable for the finance & its expenses with the finance company.
Customer: What about the courtesy car, shall I return it.
Alex Watts : No Dont cancel the finance. You can keep the car until this is sorted or until they request the return.
Alex Watts : Does that help?
Customer: Do you mean the courtesy car
Customer: how long that will take
Customer: is it months to be sorted
Alex Watts : It could be, but once you issue its likely to get resolved quick
Customer: What shall I request as return, is it my deposit or the whole car price, what if he cancelled the insurance of the courtesy car
Alex Watts : You want a total refund
Customer: What about the legal side of the courtesy car, can he cancel my possession of it.
Alex Watts : yes
Customer: Which mean I will be without a car or money for months until the case being sorted.
Alex Watts : Potentially but you can include this in your claim, if it gets that far
Customer: That was very helpful, thanks.