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Jamie-Law
Jamie-Law, Solicitor
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I put a deposit on a Jaguar S Type 2.7 D XS car` from Manor

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I put a deposit on a Jaguar S Type 2.7 D XS car` from Manor Garage York on 3/5/17 and collected it 4pm 10/5/17 as the car was to be given a service and have its timing belt changed and the garage was busy so had to wait a little, the car was sold to me for £3995.00 in total.Mid to late May I began to get warning lights on the car dash, DPF full and the power to the car was reduced on several occasions with a reduced power warning light. I contacted the Garage owner and explained the problem and he asked me to bring it in for them to check. I took the car to the garage on or about 5/6/17, the garage is approximately 25 miles away as I live in Leeds .They checked the car over and test drove it whilst I waited, they told me they had cleared the faults and the car was good to go the same day. On or about 23/6/17 these faults started again and restricted the use and performance of the car and was not able to use the car as intended and was unsafe due to the restricted power when pulling out of junctions or overtaking and would only allow you to drive very slowly, these problems were intermittent and cleared when the engine switched off but started again straight after the engine was started.
I contacted the garage and they asked me to bring the car in for more intensive testing and would require the car for a day or so but told me it was not a serious problem and booked it in for 4/7/17 which was later moved to 10/7/17 due to a hospital appointment I had on that date.
I took the car in on the 10/7/17 and left it with them taking taxis and train home. I contacted the garage just about every day to ask of the progress of the repair but everything they tried did not rectify the fault.,they did replace several parts and spend time and money on the car. The cost of this was accepted as the garages responsibility as the car was faulty. I was contacted during the morning of 21/7/17 which was two working weeks after I had taken the car back to them and I was told the list of things they had done and the owner had taken it on an extensive test drive and advised me no faults now.I took the car and all cost were accepted as the garages responsibility, approximately 12 miles from the garage on my way home when accelerating to overtake a car the restricted performance warning light came on and cut the engines power putting me in a difficult position.I rolled into a layby and switched the engine off and after a few minutes started it again then pulling out onto the busy York road it immediately cut the power again with cars bearing down on me which was frightening. I again pulled into a safe place and went through the same procedure but this time took photographs of my dash board with the warning light cleared showing mileage and time to prove that this was happening and when it came on. This happened a further two times on the way home and I then tried driving it later that day over a distance of 10 miles and it broke down a further five times making nine in about 30 miles, I did take photographs of the warning lights, mileage and time and also when stopped and cleared.I have checked up with Jaguar and although the garage had gone through some relevant checks I have been informed that this is perhaps a serious problem and one which has not been resolved and potentially costing around £1800.00 to repair but no guarantee of fixing the problem as there could be several connected faults and by using the car further damage could be caused.I believe the garage has tried but it is beyond their capabilities and perhaps costs and I wish to resolve this amicably with them this Monday 24/7/17. If no amicable solution can be reached I wish to rely on the sale of goods act and as two failed repairs have been attempted I would ask for a full refund as they have been unable to repair and replacement is unlikely as this is a limited edition model and upon checking auto trader only around 15 nation wide are for sale. I notified the garage of the faults within the 30 days and have had little useful use of the car due to its faults and being in their garage. There is an additional warranty given with this car but only for a total of £500.00 and it appears it would be difficult to use as the problem has not been identified and may not be covered. I wish to rely solely on the sale of goods act 2015 from the seller. My question is if this cannot be resolved amicably and to my satisfaction do you believe I would be successful with a claim in the small claim court for the full refund of the motor vehicle and my expenses.Secondly I do not wish to give the garage a third attempt to repair the fault, do I have to.

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

How much do you want to claim, is it the £3995?

Customer: replied 1 year ago.
as close to £3995 as only used it a few weeks over 30 days as with them and faulty most of the rest
Customer: replied 1 year ago.
Please do I have a case and by email only no phone

You need to write and set out your losses and request a refund within 14 days or say 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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-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?

Customer: replied 1 year ago.
With the information given to you what do you believe my chances of success would be at small claims, I fully understand the process just need your opinion not process.

I think you have an arguable claim yes. On balance (which is all you need), I think you would succeed.

Does that clarify?

Customer: replied 1 year ago.
Thank you for your opinion, unfortunately I have used the small claims before and just needed your professional opinion re chances of success.I need no further information.

I think you have 60% chance of success, based on what YOU have said.

You only need 50.1% to win

Does that clarify?

Customer: replied 1 year ago.
thank you for that.Regards

All the best. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. Thank you in advance and good luck!

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