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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69365
Experience:  Over 5 years in practice.
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I spoke to one of your solicitors, Jo C last year, regarding

Customer Question

Hi , I spoke to one of your solicitors, Jo C last year, regarding the purchase of a car that upon delivery was found to be massively defective. After many attempts to contact the garage it was purchased from, under your advice I sent a recorded delivery letter asking them to either put the car right or I would go ahead and instruct another garage to repair the car to roadworthy standard, they did not reply so I duly instructed a garage to carry out the repairs
That has now only just been completed, it has taken a long time due to the spares being unavailable from Mercedes, the car is a 2003 Mercedes SL 500. the total bill has come to £13312.00, the car cost £8989.00.
My question is am I still able to claim form the garage.
Submitted: 9 months ago.
Category: UK Law
Expert:  Jo C. replied 9 months ago.

Hi again!

Is there any reason you think you may not?

Customer: replied 9 months ago.
Only the length of time it has taken to complete the repair
Expert:  Jo C. replied 9 months ago.

When did you purchase?

Customer: replied 9 months ago.
01/07/2015
Expert:  Jo C. replied 9 months ago.

You are still in time.

You have six years to sue for any breach of contract although it is fair to say that courts do hate delay even if it is within the period of limitation.

However, nobody can strike out your claim for delay in this case.

Can I clarify anything for you?

Jo

Customer: replied 9 months ago.
Knowing the situation, do you think I have a good chance of success?
You mentioned before that you could handle the litigation within your set up, does that still apply? and if so, can you put me in touch with your relevant department so that I can pursue the matter.
thanks paul
Expert:  Jo C. replied 9 months ago.

It is a small claims court sum so you could deal with this yourself much more cheaply.

I notice you are in France and so you would need an address in the UK to issue though.

Customer: replied 9 months ago.
I have never made a claim before so can you advise me on how I start the process and are my chances of success diminished by handling it myself.?, I thought there was a £5000.00 limit on small claims.
Customer: replied 9 months ago.
I also live in the uk, so I do have a UK address.
Expert:  Jo C. replied 9 months ago.

No, not really.

www.moneyclaim.gov.uk

Unrepresented claimants succeed all the time.

It is £10k now. It was increased a few years ago I suppose because of the effects of inflation.

Customer: replied 9 months ago.
I think then you may have misread the amount of the repair, it was £13,312.00, which rules out the small claims court.
Expert:  Jo C. replied 9 months ago.

Was that the cost of repair?

Did you shop around for cheaper quotes?

Customer: replied 9 months ago.
This was done by a Mercedes specialist, it would have been much dearer had it been done by a Mercedes dealership. It is quite a specialist car with many very sophisticated working components, any of which not working correctly could make the car a death trap. It is not a normal car. does that make a difference.?
Expert:  Jo C. replied 9 months ago.

Not really.

The only issue is that a court might say it would have been cheaper to seek a complete refund but that wouldn't lead to the claim being disallowed entirely. It would just be reduced.

you need a solicitor really to issue over £10k. It is not something the Bar can do.

Customer: replied 9 months ago.
I did seek a refund, when I sent them the recorded delivery letter I gave them the opportunity to refund my money and take the car back, they did not reply. They are dealers in this type of vehicle and would fully be aware of the cost to repair such vehicles.
I am I to understand that your organisation cannot help any further.?
Expert:  Jo C. replied 9 months ago.

Not to issue against him.

That is a task for a high street firm.

Customer: replied 9 months ago.
ok, thanks for your help anyway. Have a good evening. Regards
Paul
Expert:  Jo C. replied 9 months ago.

No problem and all the best.

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