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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I've been sold a car privately. The car was advertised as 'IN

Customer Question

I've been sold a car privately. The car was advertised as 'IN GOOD CONDTION' I have had it checked by BMW and they've said the car is no good and is not road wothy and that I should report this to VOSA. That my at life is every time I drive the car. I told the peon that sold it to me and he said its my problem. I sent him a letter telling him id take him to court if he didn't rectify this. I have all the paper work stating the car is no good yet the seller refuses to accept this saying I have spent your money (the next day he claimed he spent it) and that if I take him to court i will only get 5 pound a week. I have presented him with all the relevant info yet he is not taking it seriously and maintains i am being difficult and pathetic. I am stressed and have lost £3800 as it stands. there are more facts but this is what I could fit in. please advise.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Did you have it inspected before you bought it? How old was it and how many miles does it have?
Alex
Customer: replied 2 years ago.

he would not release it so we agreed that i would have inspected the next day and if all was not well i would receive a full refund which he agreed to

Expert:  Ash replied 2 years ago.
He agreed to that? If that is the case then you are entitled to a refund.
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?