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Jo C.
Jo C., Barrister
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I bought a car from a dealer in Enfield, the advert stated

Resolved Question:

Hi,
I bought a car from a dealer in Enfield, the advert stated that it will come with 6 months warranty and 12 months MOT. When I bought the car they only gave me a receipt and I paid through bank transfer, no warranty documents, nothing.. He said I will be receiving the documents through post, which I didn't.
When I've done the test drive with the car I noticed a slight hesitation from the engine, the car salesman told me it just needs a good drive :), I said ok...I have warranty if something happens...
That hesitation didn't go away, it just got worse, plus a few more issues that the car has. I spoke with the dealer, told me that he will speak with his mechanic and that he will give me a call back. This didn't happen and he is not picking up his phone anymore.
I will fix the car myself, took it to a VW specialist and he quoted me over £1000 to fix the car which I agreed because it's running that poor.
Is there any way I can get this money back from the car dealer?
He operates in a place in Enfield, apparently there are a few more "dealers" operating in the same courtyard, there are over 100 cars there...
Thank you,
Sergiu
Submitted: 7 months ago.
Category: Law
Expert:  Jo C. replied 7 months ago.

How can I help with this please?

Customer: replied 7 months ago.
Hi, I would like to know if I can get my money back from the dealer once I do the repairs
Expert:  Jo C. replied 7 months ago.

When did you buy?

Customer: replied 7 months ago.
It was bought on the 16th last month, less than 30 days ago
Expert:  Jo C. replied 7 months ago.

If this was a recent purchase and you are within 30 days then you have the right to reject the vehicle under the Consumer Rights Act 2015.

There is some suggestion that the offer of an internal warranty circumvents this but that doesn’t apply here so it is a non issue.

Can I clarify anything for you?

Jo

Customer: replied 7 months ago.
I tried rejecting the car but the dealer will not pick up to phone and he will not answer my texts so I decided to fix the car and hope that I can get my money back from him. Is there any way I can get the £1000 which I will spend on the repairs?
Expert:  Jo C. replied 7 months ago.

Yes, you could sue at the small claims court as he should be offering a repair.

But you could sue for the amount you paid as you have a right to reject.

Customer: replied 7 months ago.
How I can reject the car if he is cannot be reached? Or I just sue him for the whole amount? Can I still use the car if I decide to sue him for the whole amount?
Expert:  Jo C. replied 7 months ago.

you could sue for the amount you paid as you have a right to reject.

No, you would have to return the car.

Customer: replied 7 months ago.
Ok, I will sue at small claims court in that case and probably is worth notifying trading standards on this one..
Expert:  Jo C. replied 7 months ago.

Yes, not a bad idea.

Send him a letter before action first.

Customer: replied 7 months ago.
What should the letter contain?
Expert:  Jo C. replied 7 months ago.

How much did you pay?

I'm happy to continue with this but please rate my answer.

Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 7 months ago.
The car is at the garage right now and I'm looking to pay around £1500 for the repairs...
Will rate it, thank you.

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