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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I signed new car last week (ex demonstration model) and

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I signed for a new car last week (ex demonstration model) and when I went to pick it up the power steering failed. They tried to fix it saying it just needed a software upgrade but that did not solve the problem. The eventually fixed it saying 'something had come loose'. I have lost confidence in the car and don't want it anymore. I am due to pick it up on Saturday and I want my old car back that I part-exed- but they have sold it! Can you tell me what my rights are please? I am still within the 14 day cooling off period from signing for the finance. Thanks, Sally
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.
Hello my name is ***** ***** I will help you with this.Did you order this at a dealer or over the phone?Alex
Customer: replied 11 months ago.
At the dealer - but the car wasn't there, it was at another branch. So I did a test drive in another car that was the same.
Expert:  Ash replied 11 months ago.
Ok - is it on finance?
Customer: replied 11 months ago.
Yes, as I mentioned, I'm still within the 14 day cooling off period. I signed for the finance on Friday 22nd April
Customer: replied 11 months ago.
They had sold my part-ex car before I signed for the finance. I saw the man drive off in it... I'm really fed up because I would rather have that back than take the new car with a fault
Expert:  Ash replied 11 months ago.
Indeed. However the difficulty is contrary to what you may have been told there is no 14 day cooling off period. There is for the finance but not for the order itself.This is because you signed the order on the premises. That means there is no cooling off period and as such you have the car.If they have fixed the car then sadly you cant now reject it, when you first have a defect your rights say you can get a refund or repair. But as you had a repair sadly you cant now claim a refund.But you can sue for breach of contract and claim a nominal sum. You need to write and set out your losses and request a payment of compensation 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 compensate 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 11 months ago.
No, that is a very thorough answer. Thanks
Expert:  Ash replied 11 months ago.
Happy to help. If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance! Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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