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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 17055
Experience:  Senior Associate Solicitor
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Together with my son we purchased a car from a small

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Together with my son we purchased a car from a small dealership in Walsall. I've had the car checked over by a local garage in Shipston on Stour where we live and there are two major mechanical faults with both the crankshaft and clutch. They've advised me not to drive it and the dealership are refusing to give my son his money back. We' collected and paid for the car on Saturday June 11th. I want to know the best way of getting my money back since the dealership refuse to speak with us or deny there was anything wrong with the car when we collected it.
JA: What steps have you taken so far?
Customer: I've emailed the dealership and tried ringing them 3 times.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No I don't think so.

Hello, this is Jim and welcome to JustAnswer.

I am one of the legal experts on the site and I am a dual-qualified solicitor (UK & Republic of Ireland)

Thank you for the question, I am reviewing the details now and I will aim to resolve it as quickly as possible for you.

Sorry to hear of the issue.

Yes, you have a 30 day short term right to reject under consumer law.

You need to send them a letter before action to them now - I will give you a template letter to use as follows :

(insert their name and address)       (insert date)

LETTER BEFORE ACTION

Dear Sirs,

Re: Claim for (insert sum)

I refer to the above matter.

I purchased a car from you on (date) for (£.....).

The vehicle is faulty (there are faults with the crankshaft and clutch) and as such, I wish to exercise my right to the 30 day short term right to reject under the Consumer Rights Act 2015.

This letter is being sent to you in accordance with the Pre-Action Protocol (“the Protocol”) contained within the Civil Procedure Rules (“CPR”). In particular, I refer you to paragraphs 13 to 16 of the Practice Direction on Pre-Action Conduct and Protocols regarding the Court’s powers to impose sanctions for failing to comply with the provisions of the Protocol.

I therefore put you on notice of my intention to issue county court proceedings against your company should I not receive payment in full by 4 pm on (insert date 14 calendar days). I will also report you to Trading Standards if you disregard my statutory rights and refuse the refund.

Should court proceedings be necessary I will claim the court issue fee and statutory interest. Should I succeed in obtaining a judgment, same will be transferred to the High Court for enforcement against you whereby further costs will be added to the judgment sum.

I trust the above will not be necessary and I therefore look forward to hearing from you as a matter of urgency.

Yours sincerely,

(insert name)


If you send them the letter, give them 14 days to reply to you. If they ignore you, issue a claim for your money back. Or if they reply and still refuse, issue the claim when they reply within the 14 days.

You should ask your bank or credit card company to refund you - if may be possible but do ask them.

If not and you have to sue for your money back, you an issue a claim here: http://www.moneyclaim.gov.uk/web/mcol/welcome

Note too that the car remains your property until they refund you.

I hope this helps

It was a pleasure to assist you today and I hope this answers the question.

If you have any follow up questions or if you would like me to clarify anything I have said, please let me know and I will be happy to help.

Many thanks,

Jim


Just a final note that if you would like to reconnect with me at a later date, simply add me as a favourite expert and you can then tag me in a question.

I look forward to helping you again soon.

Thanks again,

Jim



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