Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    nelly78 Novitiate

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    Default Fault on 9 weeks owned car

    Hi,
    This has gone on for a while but i'll try and put all the facts in while keeping it brief.
    I bought a used mitsubishi animal 4x4 for £8500 from a dealer sold as full service history in excellent codition with 54000 miles and 2005 model.
    After 9 weeks it broke down and needs a new engine because of a faulty fuel injector. Repair stands at £2400.
    Dealer denied liability all along and has only after 4months and many letters and calls just offered to pay for the repair.
    They did offer one of their old trade in cars as a loan in the first week, I refused it as I didnt trust any of their vehicles anymore.
    They tried to palm my fault off on anyone else they could. Its been around 5 months off the road now, i have of course incurred some hire car costs in the meantime, £750 for part of the time when I needed a car which only started a month after Breakdownicon and £211 to strip the engine at first.
    Also after rooting through paperwork for the car that I was given at the time of sale I found out that a replacement engine was installed 10months before I bought it. I was never told of this by the dealer and was led to believe the car was 'stunning'. I wouldnt have bought it if i'd known this fact.
    Im at a point where I either accept the paid repair and cut my losses or take the dealer to the small claims court and try to get the repair and my costs. All this messing around and then I have to try and sell the car when its fixed because I cant bear for this to happen again.
    What would my chances be in court? Or should I just settle at a loss? I would love to just reject the car but dont think thats an option now. If it is how would I go about it? Is £8500 too much for the small claims court?


  2. #2
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    raydetinu Informative raydetinu Informative raydetinu Informative raydetinu Informative raydetinu Informative raydetinu's Avatar

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    Default Re: Fault on 9 weeks owned car

    ??? two engines in 54K alarm bells a ringing, have you checked the mileages listed on MOT, checked prevoius owners, how many? try to contact them and check mileage! illegal to sell with changed mileage without checks and verification.
    They will be responsible for all costs to put it right under SOGAicon.
    I think you could still reject the car as it has a major fault.
    limit for small claims is normally £5K though.


  3. #3
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    Default Re: Fault on 9 weeks owned car

    i went court last week over faulty car i rejected it under sale and supply of goods act ! got finance agreement wiped car returned and costs back totalling £1600 ! i'd totally agree with going to court these companys think we we have no leg to stand on !! seeing as was only 9 weeks you had car i think u have every right to reject car send them letter saying your rejecting car under sale of goods act and have 7 days to respond


  4. #4
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    nelly78 Novitiate

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    Default Re: Fault on 9 weeks owned car

    Quote Originally Posted by raydetinu View Post
    ??? two engines in 54K alarm bells a ringing, have you checked the mileages listed on MOT, checked prevoius owners, how many? try to contact them and check mileage! illegal to sell with changed mileage without checks and verification.
    They will be responsible for all costs to put it right under SOGAicon.
    I think you could still reject the car as it has a major fault.
    limit for small claims is normally £5K though.
    Yeah I know, I'd never buy mitsubishi again. There was only one MOT as the car is only 4 years old but it matchs up on mileage. Apparently the engines on these vehicles are terrible and breakdowns are very common.
    They say they will pay full but not for any other costs that came from this.
    I would like to reject, am I right in thinking that would be through the fast track court system?


  5. #5
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    Default Re: Fault on 9 weeks owned car

    Quote Originally Posted by helen1973 View Post
    i went court last week over faulty car i rejected it under sale and supply of goods act ! got finance agreement wiped car returned and costs back totalling £1600 ! i'd totally agree with going to court these companys think we we have no leg to stand on !! seeing as was only 9 weeks you had car i think u have every right to reject car send them letter saying your rejecting car under sale of goods act and have 7 days to respond

    How long did that all take Helen? What total of claim? Could you tell me more about your case please? Im caught in two minds at the moment.


  6. #6
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    Default Re: Fault on 9 weeks owned car

    well bought car last may reported faults to finance company after only 2weeks , they sent out vehicle inspector who dismissedicon most of faults i stated so i got the AA to do me full inspection costing me £150. Finance company only offered to fix ventillation system and reverse switch i was not happy as brakes where dangerous and oil leak coming from gearbox and in engine .. i also had to put 3 new tyres on it ! you would think with a brand new mot they should be legal. So i formally rejected car and started small claims court proceedings, finance company did counter claim only as i didnt pay and payments on car. As i said court date was nearly 2 weeks ago now and judge was sympathetic and ordered finance agreement wiped car be collected and costs incuding £1000 deposit £115 service had on car £95 three tyres £150 AA report and £170 court fees.



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE