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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I BOUGHT A CAR OFF EBAY ON THURSDAY WITH 12 MONTHS MOT, ON

Customer Question

I BOUGHT A CAR OFF EBAY ON THURSDAY WITH 12 MONTHS MOT, ON SATURDAY NIGHT MY HUSBAND WAS DRIVING THE VEHICLE AND THE WHEEL JUST FELL OFF AND HE CRASHED INTO A WALL. SINCE THEN WE HAVE BEEN IN TOUCH WITH VOSA AND BEEN TOLD THAT THE CAR HAD BEEN IN AN ACCIDENT PRIOR TO THE MOT AND NEEDED A VIC CHECK, AND THIS HADNT BEEN TAKEN OUT. JUST WONDERING WHAT MY CASE IS AS THE VEHICLE WAS NOT ROAD WORTHY AND SHOULD NOT OF PASSED THE MOT. THIS CAR COULD OF KILLED MY HUSBAND IF HE HAD BEEN ON THE MOTORWAY
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 :

For now please let me know what the cost of the car was and was this from a private or business seller?

JACUSTOMER-pmjht3wr- :

HELLO IT WAS £1010

JACUSTOMER-pmjht3wr- :

PRIVATE SELLER OFF EBAY

Alex Watts :

Generally your rights are limited against a private seller, the motto is buyer beware.

JACUSTOMER-pmjht3wr- :

SO WE DONT HAVE A CASE?

Alex Watts :

It is really going to come down whether the seller knew this was a write off.

JACUSTOMER-pmjht3wr- :

the car should not of passed the mot

Alex Watts :

Its going to be hard and I am not sure whether you will win, but I will outline the procedure.

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.

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 :

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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

You have rated poor service? What else do you want to know?

Alex Watts :

Are you there so that I can help?

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