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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47351
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I bought a car from car giant on 27/11/2015 and after 2 weeks

Customer Question

I bought a car from car giant on 27/11/2015 and after 2 weeks I returned back because of serious electric problems.Then,I contact with motonovo and they told me that I can get a full refund because it was less than a month from the day I bought.Waiting for their response after one week car giant called me telling me that I had to take back my car,as I did.After three weeks without any answer from motonovo the car also had several problems and I call car giant and they took it back.Now,from 16/01/2016 I have still been waiting from motonovo to solve this issue but they ignore me.I also pay for the loan which is £454 a month.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 1 year ago.
What is Motonovo's involvement here, did they give you the loan?
Customer: replied 1 year ago.
yes
Customer: replied 1 year ago.
they told me that it was a dispute between them and car giant
Expert:  Ben Jones replied 1 year ago.
So does Car Giant have the car now? Also when they initially called you did they say it was because of your complaint or because they had been told to by motonovo?
Customer: replied 1 year ago.
yes,car giant has had the car from 14/01/2016,last time they towed the car.Car Giant always called me to to go there to pick up the car because they had repaired it.But as I told to motonovo and car giant I do not trust this car any more
Expert:  Ben Jones replied 1 year ago.
When you buy a car on finance, your legal rights are against the seller, which in this case is the finance company. They are the ones who actually sold you the car – they bought it from Car Giant then sold it on to you u der the terms of the loan agreement. So any issues with the purchase you must raise with them, rather than Car Giant. So strictly speaking you should have returned the car to the loan company or at least followed their instructions on where and how to return it. In any event, Motonovo know where the car is and they should resolve this directly with CG who have it in their possession. Whilst you have tried to get Motonovo to resolve tis and pay you back, they have refused to do so and in the circumstances you can consider taking the matter further. I see you mentioned you have approached the Ombudsman but just to check it is the Consumer Ombudsman which you need to go through: http://www.consumer-ombudsman.org/ Assuming you have done so but been unsuccessful and your direct attempts with the company do not resolve this, you may seek to take the matter to the county court. You would be looking at getting money back for anything you have paid to date, maybe less some small usage costs. In the meantime you may wish to consider stopping any payments you make towards this to ensure the debt does not continue piling up. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to take the matter further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Expert:  Ben Jones replied 1 year ago.
Thank you. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter. 2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
Customer: replied 1 year ago.
Hi Ben,can you suggest me a lawyer in London about this case?
Expert:  Ben Jones replied 1 year ago.
I cannot recommend anyone but you can search for one here: http://solicitors.lawsociety.org.uk/ Choose consumer and civil rights from the menu