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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 and now it shows some mechanical problems, BUT

Customer Question

I bought a car and now it shows some mechanical problems, BUT WORSE it has has some body damage previously which was not stated. Misdisrcibed said (in advert) never been in accident or been repainted. Been advised to get a engineers report?
Paid with debit card?.
Written to dealer 3 times, no repsonse...?
I am in London, dealer is in Nth Ireland, PART OF CONTRACT was they drive/bring car to me)?.
Briefly been told by bank (visa debit/chargeback) I must return car, but part of agreement they deliver to me & as no response from dealer, how can this be dealt with?
Car is good otherwise, 2009 model, £5.75k
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
When did you buy it? Was it private or dealer?
Customer: replied 2 years ago.
September 28th, 2015 (1stw rote to delaer 04/11, after car returned from Main service agent with report).... As stated DEALER
Expert:  Ash replied 2 years 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:  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.It makes no difference whether they are in Ireland, the contact was formed here.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.
I wrote & attached to email letter (attached). I also copied this to their website,> contact us tab.
they have not responded to either?Surely any claim filed needs to be backed up by Engineers report?
I am also concerned I still have the car?
Any claim could be challenged by a defence & then will bds transfered to a local court near the dealer
& will this will drift on & on?What about Chargeback?
Expert:  Ash replied 2 years ago.
If you paid with debit card you can't chargeback, that only applies to credit cards.
No, its a claim against a company so gets transferred to Claimant home Court. If it does get transferred to D home Court then sadly you have to attend for a claim. You can't avoid that.
Does that clarify?
Customer: replied 2 years ago.
Debit cards are covered by chargeback!!, my bank has confirmed this.Any claim is against the indivagal T/A, as stated in my attached letter. He is a dealer.
Proceedings will be issued in local court to claimant, but can be transferred to defendant's local court if they defend....?What about engineers report?Does my letter cover my legal requirements of notification?
Expert:  Ash replied 2 years ago.
That is a surprise but thats good. Usually you can only chargeback on credit cards as per S.75 of the Consumer Credit Act 1974.
It would be to D's local Court if they defend, but you can't avoid that, those are the rules.
You wont need an engineer report yet, as the Court will need to give permission for expert evidence to be adduced.
Your letter is fine except I think 3 days in unreasonable. If its email you can allow 7 days otherwise post 14 days is reasonable.
Customer: replied 2 years ago.
S.75 of the Consumer Credit Act 1974 does only apply to credit cards, but debit card transactions are still covered by Chargeback.Re: 3 days is unreasonable, I know, but was trying to push them & have written again since then but no response.I will come back to you, I am going to contact the bank again.
Expert:  Ash replied 2 years ago.
Good luck.
I hope this works out!
Expert:  Ash replied 2 years ago.
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