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    • Thank you. Can you tell us who replaced the rear brakes in June 2019? Who paid for it? One slight problem here is that the amount of money you are dealing with is in excess of £10,000. £10,000 as the County Court small claims limit. When you bring a small claim – less than £10,000 – then even if you lose, you won't have to pay the costs of the other party. Over £10,000 and you will have to pay if you lose. On the basis of what you say here, you have absolutely no chance of losing but on the other hand the fact that you would have to bring the claim on the fast track brings comfort to the other side and they are more likely to employ tactics to intimidate you with the spectre of costs hanging over you in the event that you lose. This is something to take into consideration. You have two choices. One would be to consider claiming for the refund of the entire price plus any ancillary losses. The second would be to claim for repairs. On the basis that repairs will be considerably less than £10,000 I think that I would suggest you go for that. This means that you need to get the car thoroughly examined and get a quote for repairs and generally speaking putting into a proper roadworthy condition. In fact you would need to independent quotations. You would then, with our help, enter the pre-action protocol which would essentially threaten the dealer and also the finance company with 14 days to sort it out or else you will bring a court action and without any further notice. You would only make this threat if you decided to go ahead with it. It's not worth bluffing. Both the dealer and the finance company will probably use all sorts of tactics to delay and to prevaricate. You must not allow yourself to get dragged into any kind of protracted discussion. You make the threat. 14 days. Day 15 – you send them the good news. Once they have the court papers they will then start to realise that you are serious. The finance company will put pressure on the dealer and someone or other will put their hands up. It's up to you if you want to get involved in this kind of action. If not then I think you're going to have a hard slog
    • Ok trying to move this forward. just got a statement with £260 agents fees added even though they have no collected the car! Am I right in thinking this is illegal?   Moving forward is it best for me to submit an N244 with the court to try and stop them taking the car and for these unlawful fees? Could somebody advise what it is I’m asking the court to do as I don’t want extra time to pay as the account is up to date but I don’t want them taking the vehicle because I’m refusing to pay these agents fees!   could really do with some help  
    • The dealer is MK autos ltd in Milton Keynes.   We know the car was serviced by bmw once, as we called to ask but about 2 years ago.  The car was brought for £10,995 but with finance cost total will be £22,000.. Eye watering amount but again we was pushed into a corner. I needed a car my mum has terminal lung cancer and I do all the hospital appointments. We thought that we would be safe for a while at least.   Again I forgot to mention that although the car had a "service" the rear brakes went and were replaced on the 15th June 2019..   We have paid so far in total £2260 in 6 months.   I am prepared to fight this!!  
    • What is the name of the dealer please? I'm afraid that you seem to have managed to miss certain important landmarks. If a defect occurs within the first 30 days then you are entitled to a refund or a replacement at your option. Unfortunately you didn't assert this short-term right to reject and so you have lost the opportunity. After that, if a defect occurs within the first six months then you have the right to insist upon a repair and if the repair fails then you are entitled to a refund or a replacement at your option. Unfortunately you haven't taken advantage of this. The dealer has claimed that a warranty has expired. It has nothing to do with warranties and in fact warranties tend to be extremely misleading because they tend to lull you into a sense that you have no other rights. This is not true. Under the Consumer Rights Act you are entitled to have a vehicle which is of satisfactory quality – given the price, age, and other relevant factors – and that it remains in a satisfactory condition for a reasonable period of time. On the basis of what you say it seems to me that the defects are serious enough to render the vehicle not of satisfactory quality. However, you are dealing with a dealer who is clearly unhelpful. I don't know why you haven't told us who he is – but you should do. You have taken out finance and although you reached out to the finance company at an early stage, they declined to get involved. They gave you a reason and it seems that you accepted this reason even though you don't seem to understand that the finance company has no friend of yours. Your interests are in conflict with theirs. Under section 75 of the consumer credit act, the finance company is liable to exactly the same extent as the dealer is. The chances are that you may have to take one or other of them to court. You certainly need to be prepared to do so and be prepared to threaten it in the hope that someone will put their hands up – but if they don't then you will go ahead with your threat. Don't bluff. You haven't told us how much you have paid for the vehicle. Also, have you sought an independent quotation for the repair work? On the basis that the dealer is probably going to remain uncooperative then you are probably looking at several months before this is sorted out. The way to deal with it will be to be extremely assertive and aggressive and we will help you if you have the will to do it.  
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Budget Planning: Getting Started

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