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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 11577
Experience:  Dual qualified Solicitor and Attorney
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We bought a used car for £3500 just over a month ago, and

Customer Question

Hi there! We bought a used car for £3500 just over a month ago, and since then, a multitude of things have broken, none that were our fault, and the repairs would be over £2000. Our mechanic advised us that its not worth fixing because thre are other 'quick fixes' theyve put on the car that will break before long as well. We have contacted the dealer, knowing we have rights with the Consumer Act of 2015, and they've said if we ship it to them, they'll 'take a look at it' but we are now 4 hours away and if the car is a dud we'd rather just get a refund. What are our rights?
JA: Where are you? It matters because laws vary by location.
Customer: Lincoln, England, and the car was bought in London
JA: What steps have you taken so far?
Customer: We have contacted the dealer, knowing we have rights with the Consumer Act of 2015, and they've said if we ship it to them, they'll 'take a look at it' but we are now 4 hours away and if the car is a dud we'd rather just get a refund.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Nope
Submitted: 10 days ago.
Category: Law
Expert:  Jeremy Aldermartin replied 10 days ago.

As you say you have the right to reject the car for a full refund within 30 days, in terms of their request for the vehicle you should explain it is not drivable and if they send someone to tow it or put it on a truck to drive it to them they can collect it but you should get the full refund they cannot ask to repair the vehicle. You therefore, need to make sure you notified them of the fault within 30 days of purchase. You can then ask for a refund within 14 days or you will take legal action.

You will need to register at http://www.moneyclaim.gov.uk so that you are ready to issue the claim in the event they dispute the claim and do not pay you. The website is very user-friendly and you would not need a lawyer to use the money claim site. Claims with a value of under £10,000 are classed as a "small claim", so legal costs are not recoverable and the matter may be dealt with on paper by a Judge, not at a hearing. A hearing may be necessary if the court thinks that oral evidence is required to dispose of the case. I trust this assists

Claims between £10,000 and £25,000 are subject to fixed costs only so if you lose then the risk is minimal. Further, the money claim website allows you to sue for an amount up to £100,000.

You would claim the sum for the loss, the court issue fee (details of fees are here at page 5: http://www.gov.uk/make-court-claim-for-money/court-fees) and court interest which is 8% calculated on a daily rate from the date of loss to date of court judgment. The site allows you to calculate the interest and add it to the claim.

If you are on a low income or have low savings (or in receipt of benefits), you can ask the court for a fee remission so you do not have to pay the court issue fee.

If you win then once you have the CCJ from the court the defendant has 14 days to pay in full. If they do not then it gets registered with the credit agencies after 30 days. You can also enforce the CCJ with the county court bailiffs or transfer the debt to the High Court for a small additional fee assuming the total amount owed is at least £600 and you can use the high court enforcement officers who have greater powers than county court bailiffs. The transfer fee is added on to the debt and payable by the defendant.

I trust this assists