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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I purchased a used Lexus from a Lexus dealership. As

Customer Question

Hi
I purchased a used Lexus from a Lexus dealership. As part of their peace of mind sale they offer a one year warranty as well as vehicle check and servicing etc. Within a week of purchasing the car I had a scary experience where the car went limp whilst i was driving it rendering it non responsive and in danger. I complained to dealership who took my car back and tried repairing it. On their assurance i took it back and the same fault occurred and this ongoing fault after fault after fault related to the same error code keeps coming up. I've had this car taken into lexus about 13 times in total for the same code. I tried returning the car within 6 months but they refused and i was then given an extended warranty and told the problem has been repaired. Its a year and a half and for the last 6 months I have been in discussion with the principle of the dealership and he is asking me to top up more money for another car. I have been inconvenienced several times, have had my car loaded by the AA several times, have had days of work and the fault is the same recurring fault that leaves the car undriveable. What can I do?
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 :

How did you pay for the car please?

Alex Watts :

Have you had a second opinion on the car ?

JACUSTOMER-xq897ges- :

I purchased it using a debit card. the car was sold by motorline lexus in canterbury and then lexus croydon has been my local garage that have given the same fault code.

JACUSTOMER-xq897ges- :

I understand that head office lexus has advised lexus croydon on this recurring fault and they are still unable to conclusively repair it

Alex Watts :

Have you had a second opinion from a non lexus dealer?

JACUSTOMER-xq897ges- :

no

JACUSTOMER-xq897ges- :

The car is under warranty and so it has always been serviced and repaired by a Lexus dealership. The AA has always been on the seen and they have always ran their diagnostics and they have come up with the same error code. other than the AA and Lexus nobody else has given their opinion on this car.

Alex Watts :

What have Lexus offered, if anything?

JACUSTOMER-xq897ges- :

I have from week one requested a refund. This was rejected. I was offered an exchange of car from the outset however no car on their forecourt was exchangeable due to their low stocks and then I was given an extended warranty. The problem persisted and has been debilitating. SO now lexus has offered to exchange my car provided I pay a top up fee for a similar model. My losses, my incoveniences and my risk in a faulty car that i am not using has not been factored in.

JACUSTOMER-xq897ges- :

I was offered a car similar to mine and was asked to pay another £2500

Alex Watts :

Indeed. Well what I would do is pay under protest on a CREDIT CARD then you can take further action and have a car which actually works.

Alex Watts :

Then you can sue for breach of contract and ALSO sue the credit card provider as they would be jointly liable under the Consumer Credit Act section 75

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.



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?

JACUSTOMER-xq897ges- :

ok so i should top up and get the replacement car on cre3dit card and then claim from both credit card and lexus?

JACUSTOMER-xq897ges- :

my claim will definately be worth more than £10000

JACUSTOMER-xq897ges- :

How will the credit card be liable for a purchase of the new car? credit card will be used to top up for newcar not for old?

JACUSTOMER-xq897ges- :

explain plz

Alex Watts :

Yes. The card company will be jointly liable. Because you are claiming breach of contract and that was funded by credit card, the card company can also be liable

Alex Watts :

Does that clarify?

JACUSTOMER-xq897ges- :

so i will then sue for the original amount that I purchased the old car from both?

JACUSTOMER-xq897ges- :

yes i think i understand

Alex Watts :

No. The DIFFERENCE you will have to pay. That is your loss from both

Alex Watts :

Does that clarify?

Alex Watts :

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


If the system won’t let you please click reply.



Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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