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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75039
Experience:  Qualified Solicitor
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I bought a classic car for £36,000. It was advertised as a

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I bought a classic car for £36,000. It was advertised as a nut and bolt restoration. When it arrived it had numerous faults and I asked for a refund. After much argument, this was agreed. I returned the vehicle but was then refunded only part of what I paid, viz £33,500. The deductions were said to take account of a of a loss on the part-exchange value of the vehicle I traded in, plus delivery charges and a cancellation fee. The dealer refuses to justify the alleged loss in the p/e and will not provide me of evidence of this alleged loss. I am out of pocket in the sum of £2,500 and wish to reclaim it.
JA: Where is this? And just to clarify, when was the purchase made?
Customer: I am based in Nottingham and the dealership is in Norfolk. The vehicle was purchased two weeks ago and has now been returned.
JA: What steps have you taken so far?
Customer: I have asked the dealer to provide me with evidence that he post money on the sale of the p/e vehicle. I have argued that any loss he suffered was not my responsibility and that I had no control over the price paid for it by another dealer. I also argued that because of the many defects in the purchased vehicle I did not have to pay anything by way of carriage costs either way or any penalty fee for changing my mind. The dealer does not accept any of my arguments.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Nothing of any substance other than I have forfeited my insurance premium of £200.00 on the vehicle which is non-refundable.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Ben Jones and other Law Specialists are ready to help you
Customer: replied 6 days ago.
Hi!

When exactly did you buy it and how long after this did you report it had faults?

Customer: replied 6 days ago.
I purchased the vehicle two weeks ago and reported the faults the following day.
Customer: replied 6 days ago.

Hi! I'm expecting a call on ***.

Hi there. Just to clarify, the pop-up offering you the chance to request a phone call is automatically generated by the site. You are free to request a call and if an expert is available, they will accept it and call you. If no one is free, then your call request will remain open until it is accepted or you decide to cancel it. In the meantime, you have already paid for a written response and that is the part I will continue helping you with.

Please leave it with me for now; I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 6 days ago.
Hi. I wish to cancel my call request but await your written answer. Many thanks.

The pop-up offering you the chance to request a phone call is automatically generated by the site and you have already paid for a written response so that is the part I will continue helping you with. Please contact customer services to cancel the call and request a refund by following the link below:

https://www.justanswer.co.uk/help/how-to-request-refund

In the meantime, I will get back to you at the earliest opportunity. Many thanks

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

Even though you should be refunded most of these costs, you cannot force the dealer to do so at tis stage and if that continues to be the case, you may have to consider a claim for compensation for the outstanding balance.

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can potentially do so by making a court claim. However, as legal action should only be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without the need to involve the courts. It is therefore recommended that the following steps are taken in order to try and resolve this:

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 – 14 days is reasonable. They should be advised that if they fail to make contact to resolve this matter, formal legal proceedings will be commenced to pursue them for compensation. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this without the need for legal action. There are numerous templates available online for such letters and a simple search will bring up a list of useful results.

3. If the letter before action is also ignored, formal legal proceedings can be initiated. A claim can be commenced online by going to https://www.moneyclaim.gov.uk/web/mcol/welcome. There will be a fee payable, which depends on the amount that is claimed. The other side will eventually get a copy of the claim and they will have a limited time to answer it. They could accept it and pay what is owed, they could accept it only in part and defend the rest, or they could outright reject it. They could also completely ignore it, in which case judgment will eventually be entered automatically against them. Also, it is worth noting that the simple act of submitting a claim could show the other side that this is being taken seriously and prompt them to consider negotiating a potential solution to stop the claim progressing further, such as offering full or partial payment of the amount sought in the claim.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 6 days ago.
Many thanks.

You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best