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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have bought a 1998 prototype Aston at auction through

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I have bought a 1998 prototype Aston Martin at auction through bonhams and direct from the factory.
It was described in the catalogue as a running and driving car, not to be registered for use on the public highway. I have paid bonhams £106000 pounds. The storage company storacar informed me that when it was delivered it needed to be manhandled and positioned using a dolly as it was not running, and that they were instructed not to attempt to start it.
It also has the centre console and wiring displaced, the starter button is dangling from its wires, the boot has been dismantled and there is loose wiring in it.
I believe that it is not as described and would like to know if I can get my money back plus costs and have the contract cancelled
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
http://www.bonhams.com/auctions/23592/lot/228/ This is the page from the bonhams catalogue
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

What is the cost of putting it right please?
Alex

Customer: replied 1 year ago.
The car may have parts missing and the electrical system is a tangled mess of wires. It would need to go back to Aston Martin to put right. This will probably cost as much as I've paid already to put right, but I do not have an accurate estimate. I will be talking to bonhams and Aston Martin tomorrow
Customer: replied 1 year ago.
Thanks for your quick response Alex
Expert:  Ash replied 1 year ago.

Do you have any idea of the cost? What is it you want to achieve?

Customer: replied 1 year ago.
I want to get my money back, which I sent to bonhams on Friday, and to get my expenses, storage, insurance etc. And to cancel the contract with bonhams and Aston Martin
Customer: replied 1 year ago.
The cost to put right will probably run to a new engine, gearbox and electrical system, plus the cost of Aston Martin labour to fix it, say £100000
Expert:  Ash replied 1 year ago.

You need to write and set out your losses and request compensation/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 compensate/refund 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://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.

Can I clarify anything for you about this today please?

Alex

Customer: replied 1 year ago.
Thank you Alex. As its over £10000 I will need representation. Will I need a specialist lawyer for this type of case? Is this a straightforward case or could it drag on. It is clearly not as described in the catalogue. What level of cost will be involved in getting my money back?
Thanks again Alex
Customer: replied 1 year ago.
should I get a lawyer to draft the letter to bonhams and Aston Martin? Thanks again
Expert:  Ash replied 1 year ago.

No its not specialist but you will need representation. Your letter of claim is against who you purchased it from.

Does that clarify? Alex

Customer: replied 1 year ago.
to clarify, the letter of claim is against bonhams, the auction house who didn't have an accurate description in their catalogue, or Aston Martin the vendor who supplied a non running car? And should I have the letter written for me by a lawyer?
Thanks again,
George
Expert:  Ash replied 1 year ago.

It would be against Aston Martin who supplied it. Yes you need to get a lawyer to write. Does that clarify? Alex

Customer: replied 1 year ago.
Thanks for clarifying Alex, that should give me a plan of action,
Best regards,
George
Expert:  Ash replied 1 year ago.

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.
Thanks Alex. Where do I go to do that?
Expert:  Ash replied 1 year ago.

Thanks. Alex