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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I bought a car on finance from Carcraft 3 years ago, and

Customer Question

I bought a car on finance from Carcraft 3 years ago, and although I have another year to finish my car payments which I intend to do as part of the deal I took a separate policy out with carcraft called a drive care package which enables me through the duration of 5 years my car will be serviced and annual mot carried at any car craft centres. Carcraft have now gone into administration and I am unable to have my car served or M.O.T. The policy for the drive care package is with a separate company called all in one finance and they continue to take a monthly sum from my account even though I can no longer have my car serviced. As my car is due it's annual MOT and service I am now having to pay in excess of £500 to have this carried out something I can not afford. I have contacted All In One Finance and they say I have to continue paying as car craft is a separate company. If I cancel the direct debit they have said it would go to court and that it will damage my credit score. Where do I stand legally in regards ***** ***** matter, your help and advice would be much appreciated.
Mr Cramer ***@******.*** ***********
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
The finance company are jointly liable under Section 75 of the Consumer Credit Act. Therefore they MUST pay for the car to be MoT'd and serviced for you. If they don't you can consider issuing a county court claim for breach of contract.
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: or by completing form N1 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?
Expert:  Ash replied 2 years ago.

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

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