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In January this year we bought a secondhand car from a

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Hi In January this year we...
Hi
In January this year we bought a secondhand car from a dealer but on the drive home it developed a fault. We contacted the dealer who messed us around but eventually agreed to repair the fault. Two months later another fault has appeared. This one is more serious and an independent garage has said it is a major fault and been there some time. The garage are claiming we are out of warranty and basically told me to put it in writing and they will pass it to their solicitors. I've done that but heard nothing back. What are my next steps?
Thanks
Mark
Submitted: 5 months ago.Category: UK Law
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Answered in 16 minutes by:
3/27/2018
Solicitor: Jamie-Law, Solicitor replied 5 months ago
Jamie-Law
Jamie-Law, Solicitor
Category: UK Law
Satisfied Customers: 8,027
Experience: Solicitor
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Hello Mark my name is ***** ***** I will help you.

How much was the car?

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Customer reply replied 5 months ago
163;3395. It was a 2008 Hyundai Santa Fe
Solicitor: Jamie-Law, Solicitor replied 5 months ago

You need to write and set out your losses and request a refund within 14 days or say you 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.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

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Customer reply replied 5 months ago
HiHow long do I give them to respond to my email before writing to them?
Solicitor: Jamie-Law, Solicitor replied 5 months ago

7 days.

Does that clarify?

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Customer reply replied 5 months ago
7 days from the post of email and then wait 14 days to see if they pay up? Long time without a car!
Solicitor: Jamie-Law, Solicitor replied 5 months ago

but if you are seeking your money back, then you wouldn’t have a car anyway?

You could potentially hire one but would need to be cheap.

Does that clarify?

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Customer reply replied 5 months ago
If we got the money back we would have the money to buy a replacement. Yes we could hire one but does that cost get added to the court case?
Solicitor: Jamie-Law, Solicitor replied 5 months ago

Yes. Does that Help?

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Customer reply replied 5 months ago
Hi
Yes a little but i need to know what clauses which laws the dealer is in breach of. From what I can see section 9 of the Consumer Rights act. I have been reading the Misrepresentation Act and I think parts of this apply. If they are going to involve solicitors I need to be fully informed of which laws apply.
I have also found out overnight that the vehicle was an insurance write off. The internet seems to suggest there is a legal obligation to declare this at point of sale. The dealer didn't declare this despite claiming to have had an AA history check done. What law states this obligation?
Solicitor: Jamie-Law, Solicitor replied 5 months ago

If they knew it should have been declared. They are not required by law to check themselves.

It would come under S,9-11 Consumer Rights Act 2015

That is the best cause of action.

Does that clarify?

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Customer reply replied 5 months ago
Is there a law that states they should declare it?? They are claiming they have done the check
Solicitor: Jamie-Law, Solicitor replied 5 months ago

If they have done the check they can provide paperwork.

It comes under contract. If they knew about it, they should have declared it.

There is no law to say they are under an obligation to carry out such a check though

Does that assist?

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Customer reply replied 5 months ago
I get there is no law to say that have to perform the check but which law states they have to declare.
Solicitor: Jamie-Law, Solicitor replied 5 months ago

It comes under the Consumer Rights Act 2015 by failing to act with all reasonable skill and care if they don't.

They are hiding something. This is not being honest.

Does that assist?

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Customer reply replied 5 months ago
which section is failing to declare
Solicitor: Jamie-Law, Solicitor replied 5 months ago

Not a specific section for that but would come under the remit of s.49

Does that Help?

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Customer reply replied 5 months ago
What about Misrepresentation Act? And also does it come under Consumer Protection regulations?
I want to go in completely armed
Solicitor: Jamie-Law, Solicitor replied 5 months ago

Your argument is CRA. You could argue misrep but your key one is CRA. Far more in your favour.

Does that clarify?

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Solicitor: Jamie-Law, Solicitor replied 5 months ago

If this answers your question could I invite you rate my answer 3, 4 or 5 stars on the page before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system. Please do not forget! Thank you.

Please bookmark my profile if you wish for future help.

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