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I bought a car from cargiant after 10 days gear box not

Customer Question
Hello there Lawyer's Assistant:...

Hello there

Lawyer's Assistant: Hello. How can I help?

I bought a car from cargiant after 10 days gear box not working and they took the car for repairs. Gear box need to change and they will do it from dealer. So they took 5 weeks to fix that. I got it today. Like one hour ago car stops middle of motorway again.

Lawyer's Assistant: What state is this in? And how old is the car?

2014

Lawyer's Assistant: What action has been taken so far? What's your ideal outcome?

37000 mileage

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Now they going tow back to cargiant tomorrow. This car is my living I’m cab driver

Submitted: 8 months ago.Category: UK Law
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Customer reply replied 8 months ago
Today they gave me in writing dealer change the new gear box and they done test run for 40 miles. But I don’t believe that.
Anyway I’m going tomorrow. I have the receipt with me if you need cos I want to know I can return the car and get new car or what is my legal rights about this transaction.
Answered in 1 hour by:
12/7/2017
Solicitor: Jamie-Law, Solicitor replied 8 months ago
Jamie-Law
Jamie-Law, Solicitor
Category: UK Law
Satisfied Customers: 7,690
Experience: Solicitor
Verified

Hello my name is ***** ***** I will help you with this,

What is it you want to achieve please?

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Customer reply replied 8 months ago
This car finance by another company. I need a refund and settle my finance or another car.
Solicitor: Jamie-Law, Solicitor replied 8 months ago

how much was it?

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Customer reply replied 8 months ago
Car is 8800
Customer reply replied 8 months ago
After finance it’s 11897. I want to return the car settle the finance . I don’t trust cargiant anymore
Solicitor: Jamie-Law, Solicitor replied 8 months ago

You need to write and set out your losses and request a refund within 14 days or say will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Your claim is against the first Defendant which is the dealer. But the finance company is also jointly liable under S.75 of the Consumer Credit Act 1974, so you should add them as second Defendant.

If the claim is over £10k then you need to be represented unless you want to keep it to £10,000 which is a small claim.

Can I clarify anything for you about this today please?

If not, I would appreciate a 5 star rating for my answer. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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