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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5008
Experience:  Solicitor
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I bought a 2005 Ford Transit Van advertized on ebay on 16th

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I bought a 2005 Ford Transit Van advertized on ebay on 16th August2016.20 hours after the purchase it went on fire because of an electrical fault.I rejected the van and asked for my money back straight away,and for the seller to come and collect the van. After registered letters which I sent and he he didn't accept,I finally got him to answer emails.He has so far only offered to have the electrics repaired ,but in every corespondance with him I have asked for my money of £2200 cash back plus other costs which I have incurred over the course of time since the fire. Am I within my rights to take him to the Small Claims Court under the Consumer Act of 2015? And what do you thinkmy chances of winning are?
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

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

Was this from a dealer or individual please?

Customer: replied 1 year ago.
it was.
Customer: replied 1 year ago.
From a dealer.
Expert:  Jamie-Law replied 1 year ago.

You need to write and set out your losses and request a 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 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/n1-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?

Customer: replied 1 year ago.
I have sent him three letters - he has not signed for any of them and one came back. The company is called Van Giant Ltd. I bought the van on 16th of August and sent my second letter on the 2nd September (I don't have the first one to hand right now to check the dates). I spoke to him on the day of the incident also. What happens if the seller refuses to acknowledge receipt of letters and claims I didn't send anything within 14 days? Is there not a 30 day statutory return policy?
Expert:  Jamie-Law replied 1 year ago.

In law no. There is no statutory return policy. If the seller refuses you just issue proceedings.

Does that clarify?

Expert:  Jamie-Law replied 1 year ago.

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