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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50165
Experience:  Qualified Solicitor
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I swapped my car with a trader and on the day of the swap his

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I swapped my car with a trader and on the day of the swap his car developed a misfire. I sold his car 10days later at a price lower than the value of my car. Can I ask the trader to refund the money I lost on the swap?
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Why did you not contact him to try and resolve this directly with him?
Customer: replied 2 years ago.
I texted him a week after the swap saying I should never have swapped. He replies "why". I then sell the car 5 days later. After selling the car I texted him asking what he is going to do about it. He text back saying "lol do what you want".
Customer: replied 2 years ago.
I then sent him a letter 25 days after the swap saying I was going to take him to the small claims court. Because I sold the car will this affect my rights ?
Hello, sorry I was in a meeting by the time you had replied. Your rights may indeed be affected because you should have gone back to the seller initially before you decided to sell. You are not legally obliged to do this but a court will ask why did you not do so. It could have been the case that if you had gone back to them they could have taken the car back and issued you with a refund reflecting its value before your purchase; or they could have performed the necessary repairs for free and the car would not have lost any value. Proceeding with a sale should have been done only if you had tried to resolve the matter with the seller but they either could not or had refused to do so. So whilst there is nothing stopping you from going to the small claims court to try and get some compensation for this, do not expect to get the full amount because the court will likely question your actions and why you did not try and resolve this directly with the garage, especially as it took a week to sell it, time during which the seller could have repaired it instead. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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