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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I brought a car on 21st November 2015, on driving it home the

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I brought a car on 21st November 2015, on driving it home the Engine Management Light came on, also found fault with gear box. Car was taken to a garage at earliest opportunity (without car being used) and found the cause of faults. seller (a business) then refused at first to do anything, referring to a warranty company who advised wouldn't be covered as preexisting faults.
After pressure the seller made various promises that went unfilled and eventyal repairs the vehicle after two weeks. On driving car home for 2nd time the engine management light came on a second time, fault code had been cleared with no work done.
Since this my mechanic has found the service completed in the service book was not completed, fixed the engine management issue and discovered an overheating issue. The seller is evasive, ignoring phone and email.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you,
Is it a new or used car? How old is it, miles and how much did you pay?
Customer: replied 1 year ago.
Hi, the car was brought used, it would be 10 years old, it's a 2006 PT Cruiser Touring. The vehcile was advertised on Auto Trader website was having been serviced and in good condition, it had done 58961 miles when picked up. The seller advised no problems with MOT or car, on the way home the EMS light came on and there was a crunching between gears. My garage took the car and on 3rd december advised it was a very costly repair (new gearbox), the dealer was extremley difficult to get hold of, when I did he tried to get me to go through a 3rd party warrenty company (Warrenty Wise), they advised I would have to pay to have the engine stripped and if it was gear box (which my mechanic had clarified) the value of plan wouldnt cover it. The seller was contacted several times over the next few days and refused my money back and would repair the faults, this ended up taking from December 7th to December 19th, in which time he wouldnt answer calls. Since collecting the car it was found he hadn't serviced the car at all, the rear brakes were dangerous, and the engine light issue was only cleared not repaired. The car has never worked right, and has cost me so far over 800 in garage bills. I have reported to Trading Standards, but so bar I am over 2000 pounds out of pocket and no working car, the seller deliberately ignores me and the consumer rights act
Customer: replied 1 year ago.
To note the car cost £1400, attached is the service book for the service supposedly completed, this was largely found to be false as my mechanic had to replace oil, air filter and correct the dangerous brakes to make the car road worthy.
Expert:  Ash replied 1 year ago.
You need to write and set out your losses and request a refund of the repair costs 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? Alex
Customer: replied 1 year ago.
Hmm, I am not able to get a refund on the vehicle as the costs are spirialing, I thought the new provisions in the Consumer Rights Act had this protection
Expert:  Ash replied 1 year ago.
Yes, you can get a refund on costs under the Act, that is what I meant by losses. Does that clarify? Alex
Customer: replied 1 year ago.
Hi, I am already over £800 in garage bills with a vehicle that can not be driven, I dont have the funds to have the car off the road, as the seller mis-sold the vehicle I understand small claims would only entertain the losses incurred, which still leaves me £1400 out of pocket as the car is at this time undrivable and the seller is flouting my rights and the law, my options really are for seller refund, which he has blatantly refused to do within the first 30 days and botched the repairs and now is basically sticking a middle finger up to me and the law as he has the money
Expert:  Ash replied 1 year ago.
Indeed. You can claim for the £800 paid, the cost of £1400 repair or the refund of your purchase price.Does that clarify?Alex
Customer: replied 1 year ago.
I am getting slighty confused, the car itself cost £1400, the repairs so far amount to over £800 and I have had to pay for tax, insurance, taxi and car hire while the car is off the road, if I am understanding this correctly, which ever way it goes I am going to be out of pocket, I claim the repair costs, and it is unknown how long the car will last before the next undisclosed fault comes up, or go for the refund of the car £1400 and still £800 plus sundry expenses out of pocket. Correct me if I am wrong, but the law appears to be protecting the seller and penalising the buyer, despite the enhancements with teh Consumer Rights Act
Expert:  Ash replied 1 year ago.
Not really, you can reject and seek those costs back.Then you claim back any losses you have paid.The object is to put you back into the position you WOULD have been in before any breachDoes that clarify?Alex
Customer: replied 1 year ago.
Hi Alex, apologies, I have been away. The situation I am in is dire as I have found out this morning that the car requires work at the value of over £1000, with no guarantee this will remedy the car, only sort the immediate issue. I am completely disillusioned as I now have spent £1400 on the car, now £900 in garage bills and having to have a hire car to get to work with a seller immune to law as there is no guarette that the courts will side with the buyer
Expert:  Ash replied 1 year ago.
You have 2 choices:1) Claim a refund on the total amount you paid for the car, TOGETHER with any losses you have suffered and paid for so far2) Claim the cost of past and future repairs.The choice is yours. The seller is not immune, you can bring a claim on either of the above.Can I clarify anything for you about this today please?Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
That does, thank you for the advice and your patience
Expert:  Ash replied 1 year ago.
Good luck. Alex