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Jamie-Law
Jamie-Law,
Category: Scots Law
Satisfied Customers: 10916
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I bought a Lorry in sept 2015 with a full mot certificate. I

Customer Question

Hi, I bought a Lorry in sept 2015 with a full mot certificate. I had the Lorry, bought for £3500, in this week and the garage has to.d me that it requires £8500 of work before mot. The garage has confirmed that the Lorry should never have passed the mot last year due to severe safety issues. I have had my horses in the Lorry 8/9 times since I bought till now. The mot cert that I have is a retest certificate but the previous owner didn't give me the previous test certificate that it failed. The garage that checked it this week told me of brake issues that have dated back to at least a few years ago, back clippers, which were never replaced, seizing which would be an issue for breaking. I do not have the mot certs between 2007 and 2015, yet I was told by the seller that it had not failed an mot ever, which my copurchaser was witness to. Not sure where I stand with regards ***** ***** law but would like some sort of penance even if a justice ruling rather than financial compensation.
Submitted: 11 months ago.
Category: Scots Law
Expert:  Jamie-Law replied 11 months ago.

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

What is it you want to achieve please?
Alex

Customer: replied 11 months ago.
I want to recoup my money from the sale of the Lorry as I believe it was sold knowing that it was not up to the European standard of carrying any kind of cargo for British roads.
Expert:  Jamie-Law replied 11 months 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/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

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