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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Sir/Madam My son has very recently purchased a second hand

Resolved Question:

Sir/Madam
My son has very recently purchased a second hand van with a warranty. A serious fault developed within two weeks of purchase, which will cost around £3,000 to correct. (I understand the purchase price was around £7,000 to £8,000). The fault was reported to the warranty provider and to the seller. The warranty provider states the problem (replacement of injectors) is not covered by the warranty. The seller of the van says
he is trying to persuade the warranty provider to reconsider as his business (supplier of commercial vehicles) places much business with that warranty company.
My son feels that the seller is "stringing him along" knowing that the warranty provider
is unlikely to offer payment for a repair which is not listed in the warranty. I would think
that my son has some protection under consumer rights. Can you confirm please if this is correct or not and whether he can seek a remedy. (Refund, or seller paying for repairs or even a part-payment for repairs.)
My son lives in Oxfordshire and the seller's business is in Carlisle. The necessary repair
means that the van cannot be driven for that distance; the van would need to be transported.
Thank you. - Keith Fellows
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

Do you have a copy of the warranty to see if it is included please?

Customer:

Good afternoon Alex

Alex Watts :

Hello

Customer:

My son does not have a copy of the warranty, but does have the telephone number of the warranty provider. The garage from which my son obtained an estimate of the repair, was given this number and was later informed that the warranty did not cover this type of repair.

Customer:

I was waiting for a reply to my answer timed at 5.35. Will Alex return to this chat or will someone else continue please ?

Alex Watts :

Can he get a copy of the warranty?

Customer:

I would imagine that if my son contacts the seller, a copy of the warranty would be provided as it is bound to be for basic and limited cover. I think that if the warranty provider informed the garage that inspected the van (and provided an estimate for the cost of the repair) was told that this particular repair was not included, I would guess that it is not included.

Customer:

Therefore, as the van was not fit for purpose within a week or two of purchase, my son could ask for redress of some

Customer:

sort ?

Alex Watts :

You need to write and set out your losses and request a refund (to repair) 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?

Customer:

No, thank you Alex. Your explanation is quite clear. Thank you.- Keith Fellows.

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