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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 62615
Experience:  Qualified Solicitor
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I bought a second hand car with three month engine only

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I bought a second hand car with three month engine only warranty. The car was returned to the dealer to be fixed for a faulty starter miter and fly wheel but they repaired the gear box instead without informing us and now want £600 towards repair cost before releasing the vehicle?!
Assistant: Because consumer protection law varies from place to place, can you tell me where this is?
Customer: Shepherd’s Bush london
Assistant: What steps have you taken so far?
Customer: The dealer will not release the car without payment so I am contacting you for advice as to where I stand? Do I pay and take the car even though the dealer has repaired something else without informing us of extra cost ?
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I am sat outside in the cold with the dealer sat in his office ?!

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

When exactly did you buy the car and how long after this did you discover it had faults?

and why did they repair the gear box; was this fault related to the repairs that needed to be done?

Customer: replied 12 days ago.
Purchased early December with a three month warranty.
The gearbox was never mentioned but they say they have fixed the problem and never contacted us regarding this problem. Now they want £600 towards the repair costs saying the gearbox is not cover by the warranty that they supplied ?! Original problem was thought to be the starter motor and fly wheel?
Customer: replied 12 days ago.
Advise on to pay or I don’t have to pay would be better.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. When the car went in for any repairs, they should have only performed those repairs which you had instructed them to. If they had found any other, unrelated problems, they should have contacted you to get your instructions on whether you wanted them done or not.

 

The issue is that without paying them you may not be able to get your car back, even if you are in the right. So what you may have to do is pay them under protest, making it clear that you are not agreeing with the work they did or the costs incurred. Once you have done so and taken possession of your car, you can then consider taking this further to try and recover the money you had to pay, which you may do by making a claim for compensation.

 

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?

Ben Jones and other Law Specialists are ready to help you
Customer: replied 11 days ago.
Yes, thank you.

All the best