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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48211
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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If I wanted to take a dealer to court sold a car which was

Customer Question

if I wanted to take a dealer to court for having sold a car which was not fit for purpose how do I go about it
Charanjit Panesar
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.

How long ago did you buy the car?

Expert:  Ben Jones replied 1 year ago.

Also, how long after buying the car did you have an issue with it?

Customer: replied 1 year ago.
I bought the bmw on 26th august 2015 .t he trouble started withain a fortnight. I employed a firm of solicitors called mta but I m not very satisfied with their work so far and cannot keep spending. the claim is for about £2300. I was wndering if could go to the small claims court and fight the case myself
Expert:  Ben Jones replied 1 year ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. You do not need a solicitor to make a claim in court. As your claim will be below £10,000 it will be allocated to the small claims court. This is a venue specifically aimed at small unrepresented parties who wish to keep their legal costs to a minimum. If you wanted to issue a claim you may do so yourself and not get any legal help throughout the process – many people do so. The claim itself is started via www.moneyclaim.gov.uk and you would be seeking financial compensation for your losses. However, before you go ahead with issuing a claim you should follow a few simple steps to give them a last chance to resolve this and I can outline these for you.

This is your basic legal position. I have more detailed advice for you in terms of the steps you should follow before you issue a claim, 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Customer: replied 1 year ago.
Hi Ben
thanks for your reply. basically, the situation is that the final notice was issued to the dealer to respond to the final demand within 2 weeks of the notice but he has not replied.
so there is no point in sendind another letter.
We have all the correspondence and a strong evidence of what has happened and he cannot deny that.
Expert:  Ben Jones replied 1 year ago.

OK you are entirely within your rights to issue the claim yourself and not use solicitors any further. You are still well within time to make a claim so if they have not replied to your correspondence and final reminders to resolve this, you can simply proceed with issuing the claim int he small claims court via the website I mentioned. For a claim of £2300 you will have to pay a claim fee of £105 and then a hearing fee of £170.

If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

Ben Jones and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
no I don't see the need to discuss this further especially if its going to cost me another £44.00
I have seen the www web to file the form with the small claims court. I will come back to you, if I have any need for further guidance
thanks and regards
C S Panesar
Expert:  Ben Jones replied 1 year ago.

No problem, all the best for now