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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a problem regarding a car I bought 14/5/16 I agreed

Customer Question

I have a problem regarding a car I bought 14/5/16
I agreed to collect the car on this date but they ahd not fitted a radio or spare tyre. Infact the car had not moved since I saw it. It took 6 hours till I got away and had to drive it to a radio centre to fit one. The wheel they gave me does not even fit in the area for them in the boot, so the panel above if raised. Since I have been told that the car has been in an accident and the repaint was shown to me. This i was not told. The service history is a printed out A4 sheet with no heading so anyone could have done it.
Then on 28/5/16 the car broke down. The AA came and looked but could not rectify so I got towed home. I have since contacted them and been told to ring back tomorrow (today) as the boss is not in. I have rung them today with the same result being that he forgot it was bank holiday so ring back tomorrow. I have the car outside now. I must point out I live in Elland and the dealer was in Manchester so a good 20miles away. I wish to know my rights as to what I can do plz. Do I have to get the vehicle to them to repair or thier responsibility to collect. Am I in a position if it comes to it to return the car? When I spoke to him on the sunday he say I may have to pay, I said I don't as this is a fault with the car and I am covered for atleast 30days by the consumer rights. At this point I sent an email to them confirming our coversation with datails about the car problems only the get the email back unable to deliver. This email is on the dealers card so I rung. He said they have no email. I feel I am hitting a brink wall. I hope you can help
rgds
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you. Is this new or used? If used, how old, how many miles and how much did you pay?
What is it you want to achieve?
Alex

Customer: replied 1 year ago.
used car and 2012
Customer: replied 1 year ago.
oh and 121000miles, £4400
Expert:  Ash replied 1 year ago.

Ok - what do you want to achieve?

Customer: replied 1 year ago.
I want the car repaired or if not then refunded
Expert:  Ash replied 1 year ago.

You need to write and set out your losses and request a they repair the car or 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 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://s3-eu-west-1.amazonaws.com/hmctsformfinder/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.

Under the Consumer Rights Act 2015 you have a limited time to reject goods, but they must be of suitable quality, as described and fit for purpose.

Can I clarify anything for you about this today please?

Alex

Customer: replied 1 year ago.
am I liable to get the car to them or is it their rsposiblity?
Expert:  Ash replied 1 year ago.

They should collect if its faulty. Its their problem it occurred. Alex

Customer: replied 1 year ago.
Ok thank you. I will ring them tomorrow and if I am not happy then I will write. Or should I write a letter anyway?
Expert:  Ash replied 1 year ago.

Yes I would make sure everything is in writing - then you have a record. Does that help? Alex

Customer: replied 1 year ago.
also am I in a position to ask for a refund now based on the facts I gave you? I guess they won't but just asking my options
Expert:  Ash replied 1 year ago.

Yes you can as long as you havent had a repair. That is your right. Does that clarify? Alex

Customer: replied 1 year ago.
if I get to talk to the boss, I can demand a refund, them to collect the car etc? Guessing if he won't then it is courts as you stated?
Expert:  Ash replied 1 year ago.

Correct. That should resolve it for you. Is that ok for you? Alex

Customer: replied 1 year ago.
thank you I feel better now knowing my rights :)
Thank you Alex
Expert:  Ash replied 1 year ago.

Great. If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
just one more question regarding the car. I am entitled to a full refund or partial
Expert:  Ash replied 1 year ago.

Up to you. If you want a reduction thats ok, but if you want a total refund, that is your right. ALex

Customer: replied 1 year ago.
thank you :) I don't want any reductions lol :)
Expert:  Ash replied 1 year ago.

Of course.

Customer: replied 1 year ago.
just an update, Talked to them today and they say I have to get the car to them to repair, I said this is no good and I wish to claim a refund. They do not do refunds they said. Based on this should I just issue proceedings in the County Court without me writing to say they have a set time to respond?
Expert:  Ash replied 1 year ago.

Correct. Alex

Customer: replied 1 year ago.
sorry to trouble you again but on looking at my paperwork from them I didn't get a receipt of payment for the car. Just the logbook stub and service history. This was overlooked on my part as I have already stated at the beginning thst ir took 6 hours before I took the car away and all I wanted was to get away at that point. £300 deposit was paid through my debit card but the balance of £4100 I ordered to collect the cash from the bank and took it when collecting.
will this be an issue?
Expert:  Ash replied 1 year ago.

No I dont think So. Alex