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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I am looking for some legal advice about a car we brought in

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Hi I am looking for some legal advice about a car we brought in October 17 for £7495 and in March the auto gear box packed, we approached the dealer we brought it from, he said her had an expert he uses but would be charging £2,500 plus VAT. We live in Bristol, we brought it from Nottingham, it would have cost us more to take it back to Nottingham so we have had it repaired in Bristol. The ECU computer was at fault and so also needed replacing the final bill is £4074 inc VAT. We feel dealer should be half, is it worth us taking him to court?Thanks

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Does it have a warranty?

Customer: replied 1 month ago.
It had 3 months from October 17Thanks

What is it you want to achieve?

Customer: replied 1 month ago.
I want to know if we should take him to small claims to pay half. I've been looking online and there seems to be something about a vehicle having a major mechanical fault within six month that he should have offered a free repair is that right?Thanks

Yes you should. 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 1 month ago.
That's really good to know, should I ask for the full amount of the job or just half?Is there any specific wording that I use in the letter, is this law or just depends how the judge is on the day?Thank you again

I would ask for full amount and see where you go from there.

I would just set out your position in a letter.

Does that clarify?

Customer: replied 1 month ago.
I will, and finally can the judge say that we are not to be awarded? I'm slightly concerned if we don't win we will have to pay his costs too?

Yes. But you will only have to pay his travel costs.

Other costs can’t be claim on the small claims.

Does that assist?

Customer: replied 1 month ago.
that's brilliant, many thanks for your help

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 at the top of the screen, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. If you need anything further I am available for a follow up at no extra cost. Thank you in advance and good luck!

Jamie-Law and 2 other Law Specialists are ready to help you
Customer: replied 1 month ago.
Hi we send a signed for letter to the garage which arrived with them yesterday. They sent a long email back saying they can prove that the truck was in good working order when we took it away and that they accept no liability. If we want to go ahead and take them to court he will instruct his company solicitor to claim all costs incurred. He seems very confident that he will win, do you think he could? Thanks

Litigation is never guaranteed, but I think you have a good claim.

Customer: replied 1 month ago.
Thank you. Does the law say that he should have offered to repair it free of charge as it’s within 6 months? If he had we would have paid the money to get it back to Nottingham

Old law yes, but not new law since October 2015

Customer: replied 1 month ago.
on what basis should I expect to win?

There was a fault - simple as that.