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Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.
I am very sorry to read of the above and I imagine what a difficult position it must be. I will certainly try to clarify your options.
thank you. Based upon what you describe, the trader is in breach of the consumer rights act as they have failed to provide a car that is in satisfactory condition and arguably not fit for purpose. It may also not be as described. In addition, the trader may be guilty of a criminal offence under the road traffic act which makes it an offence to sell a car which is unroadworthy.
In terms of steps you have taken to date, providing the notices referred to were unequivocal in stating that you were rejecting the vehicle-there is no need to specifically reference the consumer rights act which you may have done so-then they will amount to what is known as a notice of short-term rejection under the consumer rights act. Providing there is cause for the rejection which presumably you have referred to as you have referred in your summary above, on receipt of the notice, the trader must refund you the purchase price of the vehicle without deduction. You may also claim any consequential losses you have suffered as a direct result such as inspection costs, alternative transportation costs and so on.
As regards ***** ***** reclaim your money, it will depend upon how you paid. If you pay by credit or debit card, then you are likely to be able to contact your card issuer to seek a charge back in respect of the monies paid. If you paid by bank transfer or cash or anything similar, then you may need to issue proceedings in the County court if the trader refuses to refund you the monies. the fact that the vehicle is an imported car from the US makes no difference so far as I can see
there is no specific need to drag the process out. The position is that you have served a notice of rejection under the consumer rights act which triggers a requirement that the trader refund you including the traded in vehicle or money equivalent thereof if it cannot be returned to you and as such, at this point, you can look to serve a letter before action. in terms of the notice. You should consider giving under a letter before action, you should consider at least seven days if not 14 days notice before commencing legal proceedings in the County Court.
You can find a precedent in respect of a letter before action at the following link:
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