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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My name is ***** ***** I have a case which I want to ask

Resolved Question:

Hi. My name is ***** ***** I have a case which I want to ask for a legal advice. I bought in January a car from a dealer. I paid a small deposit,and the rest was covered by a finance company, recommended by the dealer. Since I bought the car, from the very first day ,the problems started to come,mechanical,etc, was doing the car unsafe to drive on the road.I spoke with the dealer,and they were agree to return the car for the repairs. After 5 weeks of not having a car,finally they return me the car,but even worst then I gave them. I call them and we were agreed for a test drive with the manage. After the test drive,he confirmed the problems and he offered to change the vehicle for me,but to give them few weeks to find one like per like. The finance company got involved as well and promised that they will make shore I will be happy at the end. Despite all my phone calls and emails and me losing so much many paying for a car just to keep it in front of house,they are trying after nearly 2 months to say that they don't find a car and finally there is no solution for me, ignoring my 10 cars examples which I was sending from internet.is there any legal way to can solve this problem? Kind regards, ***** *****
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello Nick my name is ***** ***** I will help you with this.
For now please let me know what is it you want to achieve?
Customer: replied 2 years ago.

Hi. All I want is them to give me a good car,not to look for a cheap car and replace with this one,or pay the bill for the car as I took it to a VW dealer and they found big problem with the engine and the bill is around £2000. They don't want to answer to emails,phone calls.I mention that my car price was £11k.

Expert:  Ash replied 2 years ago.
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.
You can name the dealer as Defendant 1 and the finance company as Defendant 2 as they are jointly liable under the Consumer Credit Act 1974
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

So in the end, should I pay for the repairs by myself, and after that to make the claim to them? And if they're refusing, I have to take them to the court and wait until the case will end to can have my money. What about if I'm thinking to give them the car back,and give my money back from the deposit and everything I spent till now. I mention that I have all the emails from them.

Can you please give an example how to formulate the claim for the payment, as I think this will be the next step,and what law background will cover me.

Expert:  Ash replied 2 years ago.
Yes indeed. Get the repairs done and then sue for the cost. You just need to set out your losses, ie the cost of repairs etc.
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex