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Hello my name is ***** ***** I will help you with this.
How did you pay for the car please?
Have you had a second opinion on the car ?
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.
I understand that head office lexus has advised lexus croydon on this recurring fault and they are still unable to conclusively repair it
Have you had a second opinion from a non lexus dealer?
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.
What have Lexus offered, if anything?
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.
I was offered a car similar to mine and was asked to pay another £2500
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.
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
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?
ok so i should top up and get the replacement car on cre3dit card and then claim from both credit card and lexus?
my claim will definately be worth more than £10000
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?
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
Does that clarify?
so i will then sue for the original amount that I purchased the old car from both?
yes i think i understand
No. The DIFFERENCE you will have to pay. That is your loss from both
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