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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 13288
Experience:  Solicitor
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Over I mis-sold second-hand car, Oldham Manchester,

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Over I mis-sold second-hand car
JA: Where are you? It matters because laws vary by location.
Customer: Oldham Manchester
JA: What steps have you taken so far?
Customer: Contacted the salesman from the car garage got nowhere as he was being very difficult with me contacted trading standards send the car dealer letters and emails got nowhere so they referred me to a small claims court
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes I was mis-sold the car ended up paying over £1,000 worth in repairs to the battery and Cinderella exhaust and clutch and got no log book with the car with a green slip resulting in my car having no tax then my car got clamped and repossessed from my own house as well

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

When did you buy it?

Customer: replied 3 months ago.
Last month
Customer: replied 3 months ago.
I haven't got the money to be doing life phone calls sorry I've already paid £5 4 a trial so that's all I'm willing to do unless this matter gets sorted out

ok so are you hoping to get the money back or a replacement car?

Customer: replied 3 months ago.
Get the money back because my car's already been repossessed so I don't think I'll get the car back and it's not my fault
Customer: replied 3 months ago.
Plus this is caused me a lot of unnecessary stress I've got mental health problems as it is so this has increased my stress and mental health problems a lot over the past month so that should be added to it as well

How much did you pay for it?

Customer: replied 3 months ago.
163;500 for Vauxhall Meriva mmvi ident paid £200 for replacement battery which was covered for 3 years and paid over £1,000 in damages for the car and on top of that I paid a month's insurance which was £150
Customer: replied 3 months ago.
VAUXHALL MERVIA 2006 PAID £500 it was advertised on the AutoTrader website as having nothing wrong with the car Plus when I drove the car out of the garage they had to jump start the car because it had no petrol and the battery was dead

Ok thanks, ***** ***** be seeking compensation for the value of the car in the circumstances.

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue them for the compensation in question. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.

Does this answer your query?

Customer: replied 3 months ago.
I've done them two things above I paid £5 for this service and it says I can get a refund straight away for a £5 because of I can't get anywhere then I would like a refund for this like it said how do I go about doing that unless you could take me further because the money claims court with the government charges a hefty fee

we are just an online Q&A service we cannot make a claim for you or take it further for you

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

Bearing in mind we are a online only service and can not act for you, what else is it you would like know?

Customer: replied 3 months ago.
How I can get compensation without having to pay a large fee via the small courts can you advise me on who to go to or who's the best to go to for that

Unless you are entitled to fee remission you have to pay an issue fee.

But that cost is added to the claim.

You need to write a letter, set out your losses and request compensation within 14 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 14 days warning before going to Court.

If they do not compensate 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.

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. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 13288
Experience: Solicitor
Jamie-Law and other Law Specialists are ready to help you
Customer: replied 3 months ago.
no that's okk

Pleasure.