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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 12221
Experience:  Dual qualified Solicitor and Attorney
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I was sold a defective car from a dealership, Cardiff. This

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I was sold a defective car from a dealership
JA: Where are you located? And is a local lawyer or other consumer protection advocate helping with this?
Customer: Cardiff. This is my first look into it
JA: Have you contacted the seller or manufacturer?
Customer: Yes but I signed a type of " sold as seen" document
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Just that the dealership is*****away!

When did you acquire the vehicle? Do you know the nature of the fault?

Jeremy Aldermartin and 3 other Law Specialists are ready to help you
Customer: replied 10 days ago.
I bought the car in May 2022, I noticed the exhaust pipe was hanging low so took it to a local garage who told me the vehicle is badly corroded and there is no good metal to re attach the exhaust pipe to. This corrosion would have been present when the car was sold 3 months ago.

Can you just confirm your number please? Just to be clear I am in the UK so no need to bother with the +44 just give me the number as it is thanks e.g. 077 etc 

I understand. The Consumer Rights Act came into force on 1 Oct 2015. When goods are faulty, if you try to return them within six months then the shop has to prove they weren't faulty when you bought them. You can ask for either a repair or replacement, though the retailer can say no if it's impossible to carry out or the cost of your choice is much higher than them for the alternative.

If the item is still dodgy after just one attempt at a repair or replacement, the repair or replacement isn’t possible or it hasn’t been carried out quickly enough, you’re then entitled to ask for a refund. Within the first six months this could be the full amount. If you want to bring a claim then you would write to them and ask for a full refund within 14 days or face 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.

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