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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I bought a used car and 8 days later it broke down. (That

Resolved Question:

Hi
I bought a used car and 8 days later it broke down. (That was 6 days ago) The work involved to fix it is almost as expensive as the car. The dealer says its our problem. I want a refund. Am I entitled to one?
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 : For now please let me know how old the car is, miles, how much you paid and whether it came with any warranty?
Alex Watts : Did you inspect it before purchase?
Customer: The car is 2004, paid £3,400 (made up of part-exchange and £1,600. We looked at it but did not 'inspect'? A warranty for £250 limit was signed. It has 71,000 on the site. Although they disclaim any responsibility for the mileage to be correct!
Alex Watts : Are the faults included in the warranty?
Customer: No the fault is the cam belt. The cam belt should be changed 100000 miles or 10 years. He sold it to us without changing it.
Alex Watts : Ok. Does it have a service history?
Customer: Apparently it has a part service history.
Alex Watts : Ok. Did you ask for that or if any work needed doing?
Customer: Thresher said he'd chrcked it over before selling it to us and he said that the guys that checked it said it had a really nice engine.
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: Unfortunately we picked the car up on 27th March so it now day 15! The dealer has taken the car back with a view to fixing it. He now says he will fix it at his expense but if it is too badly damaged 'we will have to come to some arrangement' and if we weren't happy with that (not a refund obviously) we will have to issue a letter. He thinks he would win in court obviously,
Alex Watts : Ok. I think you would win.
Alex Watts : But you can claim a full refund.
Alex Watts : Does that help?
Customer: Yes. Thank you for your help in this matter. Much appreciated.
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