How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I bought a car and now it shows some mechanical problems, BUT

Customer Question

I bought a car and now it shows some mechanical problems, BUT WORSE it has has some body damage previously which was not stated. Misdisrcibed said (in advert) never been in accident or been repainted. Been advised to get a engineers report?
Paid with debit card?.
Written to dealer 3 times, no repsonse...?
I am in London, dealer is in Nth Ireland, PART OF CONTRACT was they drive/bring car to me)?.
Briefly been told by bank (visa debit/chargeback) I must return car, but part of agreement they deliver to me & as no response from dealer, how can this be dealt with?
Car is good otherwise, 2009 model, £5.75k
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
When did you buy it? Was it private or dealer?
Customer: replied 1 year ago.
September 28th, 2015 (1stw rote to delaer 04/11, after car returned from Main service agent with report).... As stated DEALER
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.It makes no difference whether they are in Ireland, the contact was formed here.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.
I wrote & attached to email letter (attached). I also copied this to their website,> contact us tab.
they have not responded to either?Surely any claim filed needs to be backed up by Engineers report?
I am also concerned I still have the car?
Any claim could be challenged by a defence & then will bds transfered to a local court near the dealer
& will this will drift on & on?What about Chargeback?
Expert:  Ash replied 1 year ago.
If you paid with debit card you can't chargeback, that only applies to credit cards.
No, its a claim against a company so gets transferred to Claimant home Court. If it does get transferred to D home Court then sadly you have to attend for a claim. You can't avoid that.
Does that clarify?
Alex
Customer: replied 1 year ago.
Debit cards are covered by chargeback!!, my bank has confirmed this.Any claim is against the indivagal T/A, as stated in my attached letter. He is a dealer.
Proceedings will be issued in local court to claimant, but can be transferred to defendant's local court if they defend....?What about engineers report?Does my letter cover my legal requirements of notification?
Expert:  Ash replied 1 year ago.
That is a surprise but thats good. Usually you can only chargeback on credit cards as per S.75 of the Consumer Credit Act 1974.
It would be to D's local Court if they defend, but you can't avoid that, those are the rules.
You wont need an engineer report yet, as the Court will need to give permission for expert evidence to be adduced.
Your letter is fine except I think 3 days in unreasonable. If its email you can allow 7 days otherwise post 14 days is reasonable.
Alex
Customer: replied 1 year ago.
S.75 of the Consumer Credit Act 1974 does only apply to credit cards, but debit card transactions are still covered by Chargeback.Re: 3 days is unreasonable, I know, but was trying to push them & have written again since then but no response.I will come back to you, I am going to contact the bank again.
Expert:  Ash replied 1 year ago.
Good luck.
I hope this works out!
Alex
Expert:  Ash replied 12 months ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice