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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I would just like to know if you think I have a case that

Resolved Question:

Hi, I would just like to know if you think I have a case that would be successful in a civil trial. In April I bought my first car from a private individual. He sold me the car at a discounted rate as the MOT had run out. I test drove the car and it seemed to work fine, and so I paid £650. A couple of days after I bought the car I took it to a local garage for its MOT. There were 2 pages of MOT fails which made the car dangerous to drive. I asked for my money back and sent a letter to his home asking to be refunded. I didn't receive a reply. A couple of months afterwards I was the subject of a police investigation as the guy who sold me the car back dated the V5 form to make it seem as though I had owned the car a month before I bought it. By doing this he had tried to cover up his guilt as he was involved in a serious accident where he drove off. He is now being charged for this offence and it has gone to court. If I take my case to a civil trial, will I be likely to receive my money back? I should add that on the advert he described the car to be a perfect runner and that it passes its MOT every time without fail. I have retained the original advert to use as evidence. I'm a student so don't really have the money to waste on court fee's, if I'm not likely to win. Thanks in advance.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
I assume it was someone private you purchased it from? I assume you could have had an engineer to look at it? What year and how many miles has it done?
Customer: replied 1 year ago.
Hi, yes it was a private sale. A mechanic has looked at the damages and quoted me 700/800 to fix it. It's an '04 plate Renault Clio with around 90,000 miles
Expert:  Ash replied 1 year ago.
Its bad news I am afraid. Unless you asked if there was anything wrong and he KNEW it was defective there is nothing you can do. Buying second hand cars from private buyers has the maxim 'buyer beware'.
This is because a private seller can not be expected to have the same knowledge and expertise as a dealer, so sadly on the basis you could have had someone look at it before you purchase it, its a 2004 car within 90,000 miles I am sorry to say I do not think you would be successful.
I can though outline the process if you wish?
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 4 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Alex,
That's such a shame, but thank you! If you could outline the process that would be great.
Expert:  Ash replied 1 year 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.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.
That's everything thanks Alex! Hope you have a good day!
Steve
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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