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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I`m a private buyer.I`ve bought a car at auction on

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I`m a private buyer.I`ve bought a car at auction on 12/10/2018 "sold as seen" .It turned out to have a major mechanical fault in the first day which would cost more to repair than the value of the car..The auctioneer will not reimburse me.However the vendor was a large franchised dealer.I think I have some rights under the consumer rights act or similar to claim reimbursement from them. Any advice appreciatred.thanks,Ken

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

You need to write and set out your losses and request a refund within 14 days from the date the letter was sent in the post, 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 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7 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:

1) fit for purpose

2) of suitable quality

3) as described

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 27 days ago.
who do I send that letter to? the auctioneer or the fcar dealer?

Whoever you paid, which would be the auction house

Does that clarify?

Customer: replied 27 days ago.
thanks but they are adamant that they sell vehicles "sold as seen" and from what i have read online they seem to be excempt from the Consumer credit Act or Sale of Goods because of that phrase.

Consumer Credit and SOG yes, but NOT Consumer Rights Act 2015

Does that clarify?

Customer: replied 27 days ago.
i need to quote that in my letter to the auctioneer and defineitly NOT the franchised dealer

Correct.

Does that assist?

Customer: replied 27 days ago.
very much so. thanks.Is that the end of your help.can i get in touch again if needed?

Of course.

Can I assist with anything else today?

Jamie-Law and 2 other Law Specialists are ready to help you
Customer: replied 27 days ago.
No thanks. I`ll give it a try.I guess i can recover this conversation by logging in?thanks Jamie
Customer: replied 27 days ago.
HI,TODAY I`ve looked at the auctioneers terms and they state vehicles are bought as seen with all faults.I have sent the letter you suggested but am worried they will reject it

You can still bring a claim and test it in court.

Customer: replied 27 days ago.
Thanks.If that fails will I be out of time to try persue the franchised dealer

You have six years to bring a claim

Customer: replied 27 days ago.
ok thanks for today.

Pleasure