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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 7678
Experience:  Solicitor
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We purchased a second hand car a bmw convertible on the 8th

Customer Question

Hi we purchased a second hand car a bmw convertible on the 8th May. By Sunday of that week, we found the roof wouldn't open and the sensors didn't work. We telephoned the company and said we would take it to the guy who services and repairs our cars they agreed. When our mechanic looked at it he said it needs a specialist to sort it out, they then put us on to a company in Wellington who were specialist. This company told us that the car had severe problems. He wouldn't touch it as he said the car would cost £5000 upwards to repair. It looked like it had been a major smash right up to damage near the axle .The company told us that they had done a HPI check and there had been an insurance claim but it was only cosmetic and he showed us the paint work needed touching up,this was at the point of sale and they would fix that for us which they did. But since then we have found out doing our own HPI that the car was a right off it would cost too much money to repair as it would be more than the car was worth. We have phoned the company now several times to no avail. I looked up our consumer rights which advised me to send a letter to reject the sale as we haven't had the car 30 days in fact it was just two weeks when we learnt the truth. When we picked the car they told my husband he didn't need the road tax which we found suspicious but anyway we have now had the v5 from the DVLA and it tells us it was a salvaged car. The garage seemed to have good reviews as it's in Milton Keynes quite a distance from us and I checked that out, it claims on their website that they do HPIs on all their cars so we thought that was good news and took their word. We understand we can't drive the car since the rejection of sale and of course we have now sorned it. We just don't know what to do. Please can you help?Kind regardsSusan
Submitted: 2 months ago.
Category: Law
Expert:  Jamie-Law replied 2 months ago.

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

Expert:  Jamie-Law replied 2 months ago.

Just to be clear, was it at a dealer it was purchased?

Customer: replied 2 months ago.
Thank you
Expert:  Jamie-Law replied 2 months ago.

Just to be clear, was it at a dealer it was purchased?

Customer: replied 2 months ago.
it was a company called BCS in Milton keynes
Expert:  Jamie-Law replied 2 months ago.

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.

Under the Consumer Rights Act 2015 goods must be fit for purpose, of suitable quality and fit for purpose.

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 more help, you can ask follow up questions for free and I would be delighted to assist. Thanks!

Customer: replied 2 months ago.
that's fine that's all what we've found out on line have sent a registered letter as it states in the consumer rights I just wanted it clarified thank you x
Expert:  Jamie-Law replied 2 months ago.

Great. Can I help with anything else today?

Expert:  Jamie-Law replied 2 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 stars before you leave today.

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