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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I purchased a used car from a dealer at Easter 2014, and in

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I purchased a used car from a dealer at Easter 2014, and in May 2015 it has broken down due to a suspected faulty part. As it turns out, the part was not faulty (manufacturer investigation) but inappropriately fitted by the seller, who rejects all responsibility, the incident being outside of his 3 months warranty period.
The repair bill so far amounts to £3000 and more issues are being found. I have been without a car for 3 months.
Is that a valid claim to go to the small claim court please?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is Alex and I will help you.
Given the length of time you may struggle but it is worth a try and small claim is inexpensive and you only pay the issue and hearing fee.
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?
Customer: replied 1 year ago.

Thank you for your answer. In a claim to the court, do I have to specify the legal grounds under which I make a claim? Such as the law under the Sale of Goods Act 1979 says that the car should be:



  • of satisfactory quality

  • fit for its intended purpose or a purpose that you made known to the dealer

  • as described

Expert:  Ash replied 1 year ago.
Yes all those grounds.
Does that help?
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

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

If you have not done so already 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

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