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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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Dear Jo, Please give me legal advice regarding used car

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Dear Jo,
Please give me legal advice regarding used car laws. I believe this is under Consumer Act 2015.
I recently bought a car which appeared to be faulty. The problem is that oil going into the coolant system which is a common sign of a failing head gasket or something similar, and it can cause major engine damage if I use it for long. So it is, definitely, not fit for purpose. Also it pushes watery enging oil out, which is visible around the engine block if I open the bonnet. This is very dangerous.
The car comes with 3 months warranty that I used already once with this problem. They claimed they have fixed the problem (with no paper evidence) but the problem came back on. I wanted to take the car back yesterday for fixing but they said that they are not gonna fix it till Monday (which is the last day of the fist 30 days). I said no, and I asked for my full refund of £1995 under Consumer Act 2015. They said, no and they are still refusing to give me any refund.
Do I have any chance to win if I take this case further to court?
Please reply as soon as you can. Thank you.

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

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://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?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 5 months ago.
Thank you for your reply.
Can you please let me know what exact evidences do I have to provide when this case goes to court and can I claim more money then the price of the vehicle? I paid for an independent garage to carry out investigation for the car, and also I will pay for one more next week as an evidence of the problem. I also have pictures and videos about it. Furhermore, I could not work for a couple days, and I had to use trains twice plus used taxi. Can I claim these expenses as well?
Please reply regarding these or if you have any further instructions. Thank you.

just that there was a fault. You do not even have to require it to be repaired under the 2015 Act. You can reject.

It used to be that you couldn’t reject a used car, but now you can.

You can claim direct costs, yes.

Does that clairfy?

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