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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69784
Experience:  Over 5 years in practice
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I require legal representation in relation to a faulty

Customer Question

Hi
I require legal representation in relation to a faulty car sold by a dealer. The dealer is trying to evade liability. Could someone help?
Submitted: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.
Are you asking us to act?
Customer: replied 11 months ago.
I need an advise
Customer: replied 11 months ago.
can you help on the basis of the information I provided
Customer: replied 11 months ago.
See files attached
Customer: replied 11 months ago.
more docs
Customer: replied 11 months ago.
please call me when you have study the docs. my telephone number is *****
Customer: replied 11 months ago.
could you please acknowledged the docs sent
Expert:  Jo C. replied 11 months ago.
Ok. So what is your question about this?I can call but it will rack up costs to you and we can do this online just as well.
Customer: replied 11 months ago.
I am fine with online
Customer: replied 11 months ago.
I just need advise on the problem
Customer: replied 11 months ago.
Once you have study the docs I am sure you will be in a position to advise accordingly. Thanks
Expert:  Jo C. replied 11 months ago.
Ok. What i need to know is what is your question about this?
Customer: replied 11 months ago.
The trader is willing to examined the car after several complaints. However, the car had been partly repaired by an independent garage. Can I reclaim the cost of repairs from the trader? That's my question please provide me with answer instead of asking the same question again.
Customer: replied 11 months ago.
hello are you still there?
Customer: replied 11 months ago.
Hi
I am still waiting for your answer
Expert:  Jo C. replied 11 months ago.
How long did you give the first trader to repair the fault before instructing another ?
Customer: replied 11 months ago.
first reported the problem on the 23rd. Did not get a response. Called several times and I was verbally told they are not liable. Wrote a letter on the 31st March to the company. Again trader refuse to help. I then took the car for a diagnostic test and that was when I found that the problem is huge and I was incurring costs. I again reached out to the trader to come to an arrangement but the trader was not forthcoming. I only received a letter today from the trader solicitor saying they are happy to examine the car. So who pays for the costs incurred? Is it me or is it the trader?I purchased the car on 27th Dec 2015, less than 3 months in driving the car I have had all sort of problems which I reported to the trader. I paid almost £11000 for the car and it does not add for the car to start having problem unless it was sold as a faulty good.
Expert:  Jo C. replied 11 months ago.
OK How old is the car and what is it's history?
Customer: replied 11 months ago.
The car is an Audi Q7 with 2006 plate. The mileage was 76000 when the car was sold. The trader says the car had been serviced.
Expert:  Jo C. replied 11 months ago.
On the face of it, you do have a claim then. Clearly this was a relatively expensive car and it contains a fault. They are under a duty to offer various remedies under the new consumer regulations act. They are entitled to an opportunity to repair any faults but that needs to be done within a reasonable period of time. The only difficulty here is that you do seem to have gone elsewhere within under two weeks which might be considered inadequate but it depends whether or not you were receiving clear answers from the trader that he would not help. If that is the case then you would have a claim for the cost of repairs from the original Trader. Can I clarify anything for you? Jo
Customer: replied 11 months ago.
I was not receiving clear answers from the trader.
This is my conversation trail with the trader:Transcripts: Old Welwyn Motor23rd March: Send an email informing OWM of problem with catalytic converter - NO RESPONSE
called motor continental and advised of the problem. Said i should bring the car for diagonistic test29th March - Called and spoke with Nick. told him that i sent an email on the 23rd. I reteirated the email sent on the 23rd. His response
was there is nothing they can do. it is wear and tear and not covered by the warranty.
He said i should write a letter to management29th March - took vehicle to motor continental for diagonistic test. Was advised not to drive the car again due to the imapct of the
problem on the engine.30th March - called old welwyn motor to advised of the extent of the problem after the diagnostic test.
Again Nick said there is nothing they can do. It is wear and tear.
I should write to manager of my complaint.31st March - wrote a letter of complaint to OWM via recorded delivery.1st Apr - called OWM to confirm receipt of letter of complaint.4th Apr - received call from OWM and he said the manager decision is there is nothing they can do. it is a process of wear and tear8th Apr - Called OWM demanding an official response to my complaint. Nick said the matter is been dealt with by their solicitor.
I requested the solicitor's details or the manager details but Nick refused to provide me with any of the details.8th Apr - Sent a second letter(letter of deadlock) by recorded delivery(include photos of the car been repaired).11th Apr - Called OWM and told them that i am happy to give the company the opportunity to repair the car.
Again Nick said that there is nothing they can do about it. It is been dealt with by their solicitor.
Nick also said that i bought the car 5months ago and i have already done 5000miles(an incorrect statement and trying to shift the blame on me)
I asked him again for the solicitor or the owner's name but he refused to provide me with any of the details.
I also asked if they are a member of a motor trade association. Nick said he does not know. I asked him to transfer me to someone who
could answer my questions. i got no answers.
Expert:  Jo C. replied 11 months ago.
Those are fairly clear answers and they were that there was nothing that could be done.
Customer: replied 11 months ago.
please clarify
Expert:  Jo C. replied 11 months ago.
In those circumstances, if not wear and tear, then there was a justification to go elsewhere.But you will have to show this was not wear and tear.
Customer: replied 11 months ago.
How do I proceed with a claim?
Expert:  Jo C. replied 11 months ago.
How much was the repair?
Customer: replied 11 months ago.
£2360 + VAT
Customer: replied 11 months ago.
beg your pardon full estimated cost £4605. but since the trader is now willing to repair the car the cost I have to pay the garage is £2360 + VAT
Expert:  Jo C. replied 11 months ago.
That is a small claims court sum then so it would be cheap to issue.I would send them a letter before action first though warning of your intentions before you actually do issue.You can do so herewww.moneyclaim.gov.uk
Customer: replied 11 months ago.
Could I print our conversation
Expert:  Jo C. replied 11 months ago.
Yes, you can do as you wish with it at your end.
Customer: replied 11 months ago.
Thanks for the legal advice. You enjoy the rest of your day
Expert:  Jo C. replied 11 months ago.
No problem and all the best. Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Customer: replied 11 months ago.
Hi
Could you represent me on the case. I feel I need a strong legal rep to deal with the imbecile trader. I cannot seem to get through anyone including their solicitor.
Expert:  Jo C. replied 11 months ago.
No but I could make some referrals to a Chambers who can deal with it under public access.I'm happy to continue with this but please rate my answer.
Jo C., Barrister
Category: Law
Satisfied Customers: 69784
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 11 months ago.
Could you refer me to an appropriate chamber please?Your answers have been rated
Expert:  Jo C. replied 11 months ago.
Yes, no problem. You can try here www.churchcourtchambers.co.uk or www.5pumpcourt.com and tell them you want somebody to act under public access.
Customer: replied 11 months ago.
Thank you
Expert:  Jo C. replied 11 months ago.
Ok. So what is your question about this?

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