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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49821
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We purchased a car and subsequently have been informed that

Customer Question

We purchased a car and subsequently have been informed that there was an underpayment of £250 which we agree.
The car was purchased via TrustFord with a 3 month warranty. After collection we noticed a number of problems which was confirmed by an expert independent inspector. We notified these problems to the dealer and now they insisted that they will not attend to our complaints until the £250 is paid.
The inspection has cost £190 and the schedules of repairs have been estimated at £650
They are making treats to come to send a debt collector to our house and say it will not be pleasant.
What is my legal rights
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

How long ago did you buy the car and how long after this did you have it inspected by an independent expert?

Customer: replied 1 year ago.
3/4 days
Customer: replied 1 year ago.
Car collected on the 4th Nov and inspected on the 8th Nov. Report received on the 9th Nov
Wrote formal complaint on 11th Nov and sent via recorded delivery.
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. Thank you also for the live phone call request. I am unable to talk at the moment but leave it with me and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Customer: replied 1 year ago.
No need to make telephone contact yet
Customer: replied 1 year ago.
Please read the contents of my complaint please
Expert:  Ben Jones replied 1 year ago.

Thanks for your patience. It is a tricky situation because whilst the seller will have certain statutory obligations towards you, they can try and argue that there was no contract in place if you had underpaid them (i.e. you had not satisfied all the conditions of the purchase agreement).

At this stage there is nothing stopping them from instructing debt collectors but be advised that a debt collector is just there to act as a nuisance and a threat. They cannot force you to do anything. The only time they can do anything forcefully is if the creditor has a formal court judgment in their favour so they have to go to court first and win. If they were to make a claim for the money then you can make a counter-claim for the issues you have experienced and the court will consider both and can offset one against the other. In the end it could mean that you get them to owe you money even though they had issued the claim originally.

So whilst the debt collectors may not be able to do much, one important thing is that you cannot force the seller to resolve the issues with the car so if they refuse to do so because you owe them money they can do. It means you have to make a claim against them to get any compensation for the repairs.

So whilst I understand that out of principle you may not want to pay them but to resolve the issues you may wish to do so and then pursue them for the resolution of the issues. Paying them the money will not affect your legal rights but it could facilitate a resolution if that is the only thing stopping them from helping you.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.