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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 16783
Experience:  Solicitor
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I Bought a car in November and reported it the The day after

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I Bought a car in November and reported it the The day after with a fault was told we couldn’t book the car in till December. The only lasted 9 days before the gearbox broke needing full replacement. The car was with the dealership for 4 weeks and on return a new fault arose we reported straight away but was unable to book the car in until jan 28. The car has been with the dealer since reported gearbox casing fault awaiting parts. I have asked for a refund or replacement vehicle and have been told that I have to wait for my car to be fixed but cannot be given a tomeline. Legally what are my rights please?
JA: Where is this? And just to clarify, when was the purchase made?
Customer: 15/11/2019
JA: What steps have you taken so far?
Customer: constant correspondence with the dealership and a letter of complaint to the principal
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I’m not sure
Customer: replied 14 days ago.
Evans halshaw Burnley is the dealership

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

What do you want to know about this today please?

Customer: replied 14 days ago.
Where I stand in terms of refund or exchange

You need to write a letter, set out your losses and request a refund within 30 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 30 days warning before going to Court.

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.

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.

Customer: replied 14 days ago.
Can this be done even though they are willing to fix the car?

Yes. They no longer have the option to repair under the consumer rights act 2015

Does that assist?

If this answers your question could I invite you to rate me 3, 4 or 5 stars before you leave today?

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