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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I bought a second hand car last year from a car dealership

Customer Question

Hi
I bought a second hand car last year from a car dealership which I later found had a gear box fault. The terms of the purchase were that he performs an MOT on the vehicle and cover the costs of any faults that were found. This was done and I was presented with a certificate that it had passed. I paid the finale fee and a week later when I took the car for servicing I was told that on top of having numerous faults the gearbox was in a very bad condition and had the dealer really done the MOT he would have identified this. The garage advise me to ask him to replace it and I was willing to even accept a refurbished gear. The dealer however was uncooperative and refused to do any work or cover the cost of the repair. I did not fix the gear box and opted to return the vehicle to him. I had however, incurred charges for the work already done by the garage and the insurance fees and road tax costs so I asked him to reimburse me these he refused again and was uncommunicative for more than 6 months. All the letters and phones calls made to him were to answered. I took this up with my bank who agreed to refund me the initial cost of the vehicle. An investigation was done by the bank who after contacted the dealer found it in my favour that I was sold a faulty car knowingly. The citizen advice bureau advised me to return the vehicle to the dealer when the bank settled the refund and then take it from there. I was reluctant to return the vehicle to the dealer as he was representing himself with a different company name which I could not find registered anywhere. The company he was using was different to what he represented himself as to the bank when he tried to dispute the refund. There are several complains on the internet from several people who have had similar problems with this company and many of them have taken the company to court but it has not responded to the court orders. My last letter to the dealership was that they could collect the vehicle once they compensated me the costs I had incurred. I gave them a 2 week period to reply to the letter. Week one passed with no reply and yesterday I returned home to find that they had collected the car. I am still in position of the keys to the car and it is still registered in my name. My question is:
1-Should I report the car stolen, I called the police yesterday and they advise me that as I knew who had it, it is nothing to do with them. “It is a civil matter”
2- Should I contact the dealer and advise him to return the car? Ie as the cost of the vehicle was refunded by the bank is it their right to take the car? What are my rights and limitations?
3-How would the process of involving the ombuds-man work? And is it best I go to the small claims courts. I don’t want to incurred further costs as the refund I require is under £2000
Your help will be appreciated.
Thank you
GH (UK Law)
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

What is the value of the sums you are seeking back please?

JACUSTOMER-5x8qygq1- :

1500 to 2000

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?

JACUSTOMER-5x8qygq1- :

Hi

Alex Watts :

Hello

JACUSTOMER-5x8qygq1- :

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.

Alex Watts :

You have the right to demand it back, but if you are getting a refund you can't have both.

Alex Watts :

Its either one or the other

Alex Watts :

There would be no Ombudsman as such in relation to this, it would only be Trading Standards

Alex Watts :

But you can only have a refund or the car back. You can't do both.

Alex Watts :

But you can still sue for breach of contract and claim any losses you have incurred

Alex Watts :

Does that help?

JACUSTOMER-5x8qygq1- :

Hi I don't want to keep the car. I need the refund and then he can have the car back.

Alex Watts :

Ok - then you can take the steps to get a refund as I outlined above.

Alex Watts :

Would you like me to do that again for you?

JACUSTOMER-5x8qygq1- :

Is it my property even if I had the initial cost refunded?

Alex Watts :

If you have a full refund then you can;t keep it

Alex Watts :

So you cant have a full refund AND keep the car

Alex Watts :

Otherwise you get the car for free - which can't be right

Alex Watts :

So its either a full refund and return the car or keep it and sue for any losses incurred

JACUSTOMER-5x8qygq1- :

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?

Alex Watts :

Was it the dealer who carried out the repair or someone else?

Alex Watts :

So you have the car or not at present?

JACUSTOMER-5x8qygq1- :

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

Alex Watts : Who carried out the repairs?
Alex Watts : another garages.
JACUSTOMER-5x8qygq1- :

Another garage separate business to the dealer

Alex Watts :

Ok. What you can claim for is this:

Alex Watts :

1) Damages for the repair of the car and keep the car; or

Alex Watts :

2) Damages for the repair and the car price itself, but NOT keep the car

Alex Watts :

Those are the two options.

Alex Watts :

You can't keep the car and claim a full refund of the purchase price

Alex Watts :

Does that clarify?

JACUSTOMER-5x8qygq1- :

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? ?

Alex Watts :

No, the dealer does not have the right to take your car - you have to voluntarily give it back

Alex Watts :

They can not just take it

Alex Watts :

Does that clarify?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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