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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have bought a van just less than 3 months ago, the paint

Resolved Question:

I have bought a van just less than 3 months ago, the paint is peeling down. It looks like had an accident, however it was never registered against any claim so it did not come up against the checks. Can I return the van and get my money back?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

Was this from a dealer?

Alex Watts :

How old is it and how many miles has it done?

Alex Watts :

How much did you pay for it please?

Customer:

Hello

Customer:

Sorry, yes from a dealer. Low mileage 50000 miles, 57 reg. 3500 pounds

Alex Watts :

Did you ask if it had been an accident? Was it ever in an accident?

Customer:

Shortly after I bought it iI did notice something, (the rubber rim aronu the filling cap had paint on it) he told me that he has sprayed it because it had a scratch.

Customer:

After I had installed a reverse radar with my mechanic and noticed an another radar part at the back of the van, meaning of this is that the bumper has been changed at the back. The paint is peeling off at the front also. I has definitely been involved in a more serious crash where the front and back was damaged.

Customer:

The dealer denies it and advised to turn to court

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?
Customer:

Thank you Alex

Customer:

Couple of more things here:

Customer:

Can I ask to return the car and get ther money back, even if he considers I have used the car for 3 months and will get less money back. Can I start a statutory demand before going to court?

Alex Watts :

Yes yo u can ask to return and claim the money back.

Alex Watts :

You can do a stat demand of course

Alex Watts :

Does that help?

Alex Watts :

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


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