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Hello my name is ***** ***** I will help you with this.
What is the value of the sums you are seeking back please?
1500 to 2000
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 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.
Can I clarify anything for you about this today please?
Hi I am aware of this my main question was on whether I should allow him to keep the vehicle or whether I have the right to demand it back.
You have the right to demand it back, but if you are getting a refund you can't have both.
Its either one or the other
There would be no Ombudsman as such in relation to this, it would only be Trading Standards
But you can only have a refund or the car back. You can't do both.
But you can still sue for breach of contract and claim any losses you have incurred
Does that help?
Hi I don't want to keep the car. I need the refund and then he can have the car back.
Ok - then you can take the steps to get a refund as I outlined above.
Would you like me to do that again for you?
Is it my property even if I had the initial cost refunded?
If you have a full refund then you can;t keep it
So you cant have a full refund AND keep the car
Otherwise you get the car for free - which can't be right
So its either a full refund and return the car or keep it and sue for any losses incurred
Apologies if I am not making my self clear here. Q- as I go through the process of getting the refund do I have the right to demand he returns the car?
Was it the dealer who carried out the repair or someone else?
So you have the car or not at present?
The dealer did the MOT but the servicing was done by another garage. The dealer took the car yesterday from my property without my permission. The car is registered in my name
Another garage separate business to the dealer
Ok. What you can claim for is this:
1) Damages for the repair of the car and keep the car; or
2) Damages for the repair and the car price itself, but NOT keep the car
Those are the two options.
You can't keep the car and claim a full refund of the purchase price
Does that clarify?
I do understand that I can't have both and I don't want both. What I am asking is that does the dealership have the right to take the car which is registered in my name " i am the owner". in my opinion they owe me for the repairs done on the vehicle ie they car is worth more than what I paid for it. However does the law allow them to keep the car as I had the refund for the cost of the car less the repairs and extra maintenance fees I incurred? ?
No, the dealer does not have the right to take your car - you have to voluntarily give it back
They can not just take it
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