How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I have instigated a claim against a motor trader insomuch a

This answer was rated:

Hi
I have instigated a claim against a motor trader insomuch a car I purchased in February developed a major fault, he through his lawyer is claiming that he can prove there was no fault at time of purchase. I am led to believe that under the New Consumer Rights Act 2015. He is obliged to be responsible for any faults in the first six months after purchase

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

Was this new or used please? What was the major fault?
Alex

Customer: replied 1 year ago.
it is a Renault Laguna Coupe 2010 model so used
Customer: replied 1 year ago.
the fault was the steering rack seized leaving me in a busy street with no steering

Ok then yes under the Consumer Rights Act 2015 you have an opportunity to reject. If goods are faulty within 6 months then they are deemed to have always been faulty.

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://hmctsformfinder.justice.gov.uk/courtfinder/forms/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

Customer: replied 1 year ago.
I have quoted Consumer rights act 2015 section 19 (14) they have said that under section 19 (15) they are not liable

I would still bring a claim. I disagree that they are not liable.

Does that clarify?
Alex

Customer: replied 1 year ago.
thank you I thought they were trying to pull a fast one .

Yes, I think of course they are trying it on.

Can I clarify anything else for you about this today please?
Alex

Ash and 2 other Law Specialists are ready to help you