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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 16923
Experience:  I have been practising for 30 years.
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Was sold a vehicle that broke down almost immediately and is

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Was sold a vehicle that broke down almost immediately and is unfit for use write the vendor a letter with a deadline to repair or replace which has been ignored what do I do now
JA: Where are you? It matters because laws vary by location.
Customer: Milton Abbas Dorset UK
JA: What steps have you taken so far?
Customer: Wrote him a letter and spoke on the phone
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have spent £680 on it and my mechanic says it is still an MOT fail

Welcome to Just Answer.

I will be happy to assist with your question today. I need sometime to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometime slonger.

I apologise for any unavoidable delay, but rest assured I have not forgotten your question.

where did you buy it?

what is the make model and age?

what did you pay and how?

what is wrong with it?

Customer: replied 5 days ago.
On facebook marketplace mercedes M class 270 cdi ,2002,wiring loom fault initially paid £1700 + £680 in repairs since purchase in April

You are entitled to return the vehicle if it is not of satisfactory quality, within the first 30 days.

Thereafter, your remedy as compensation/damages.

However if they try to repair the vehicle within the first 30 days, the clock stops and if that repair doesn’t work, you then have a further six months to reject the vehicle.

Don’t get excited. Car dealers are not well-known for putting their hand in their pocket and refunding something which is not of satisfactory quality and which has not been returned.

Within the first 6 months it is assumed that the problem existed at the time of purchase but after six months the onus is on the buyer to prove that the full to existed the time of purchase.

The thing is of course that you cannot beat the dealer with a stick until they pay up and your only remedy is to take them to the Small Claims Court for whatever it costs to fix. That’s probably going to be more than the vehicle is worth.

You need to put it in writing to the dealer that unless he agrees to pay all these costs (tell him how much) you will take him to the Small Claims Court.

www.moneyclaim.gov.uk is quick and easy. You can prepare the proceedings now, and save them online ready to issue them whenever a deadline for payment (you have to give them a deadline in writing and it has to be reasonable period to pay up) expires.

Can I clarify anything else for you?

Please note that my answer is based strictly on the information that you have given me. If you have not given me all the information, then my answer may be incomplete or wrong.

I am happy to answer any specific points arising from this.

If you still need any points clarifying, I will be happy to reply because the thread does not close.

Thank you.

Best wishes.

FES

F E Smith and other Law Specialists are ready to help you
Customer: replied 4 days ago.
Hi, just top clarity, from my previous information you know were bought it from Facebook market place and wr know his workshop address but not his home address. How do wr proceed woth that apart from notifying him via fb messenger? Thanks.

You can always use a tracing agent such as this http://www.ccsformations.co.uk/Tracing-25-c.html who will do no find no fee for solicitors for GBP50 plus VAT although if you are a private individual they want payment upfront.

They also do international searches for GBP150 plus VAT but that is not no win no fee.

We have used the firm on numerous occasions and found the service excellent.

You are going to need a physical address to issue court proceedings. Without that, the court will not take them from you.

You can say what you like on Facebook Messenger, he is likely to just ignore it.