Legal Advice required

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Mon 11 Jan 2016 18:36
Legal Advice required - Chrisaxe21
Hi

I purchased a car in 2015. It's had over 10 issues. The dealer can take weeks to repair each time, and in some cases orders parts incorrectly so needs a few goes.

The last issue couldn't be identified by them, so I took it to a local garage who advised the issue. They said it was bad fuel, or a struggling engine. Turned out to be a bent drive shaft.

I complained to my finance company and they did a full investigation including a court approved engineer to confirm the dealer had repaired it incorrectly, which has potentially caused further damage to the car. They even broke something else on the car. I was offered £500 as a gesture but it doesn't cover the ££££s I've encountered so rejected this and opened a case with the financial ombudsman. All costs have been recorded.

Their courtesy car was supplied with a bald tyre, which failed whilst driving. Safety risk!! It took them three weeks to reimburse me after I had to pay for a tyre myself.

I was also forced to purchase insurance myself as they failed to respond in time and didn't know what the situation was. They refuse to reimburse for that insurance due to their lacks of comms.

They then forced me to accept two out of five outstanding repairs on the car or the courtesy car would be taken away and/or action would be taken. I would be left stranded in the countryside. I was under duress accepting that.

Now they have blamed me for a crack that's appear on the courtesy car windscreen and asked me to pay for it. How do they know it was me? They said they checked the car over over before being supplied, which I disputed otherwise a bald tyre wouldn't be present! I hadn't signed anything when the courtesy car was handed over too.

I'll wait for the financial ombudsman to finish the report, but legally where do I go next?

Is a small claims court enough? The ££££s it's cost me along with supplying a courtesy car with a bald tyre and blaming me for the crack...this is more than a small claims court, or is it?

Thanks

Chris

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Mon 11 Jan 2016 18:58
Legal Advice required - focussed

Depending on the value of the car involved:-

Assuming that all of the above tale of woe is documented with times a dates and costs - you need to get yourself a decent solicitor who is used to dealing wth motoring matters. Don't do it DIY style.

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Mon 11 Jan 2016 20:13
Legal Advice required - FP

As Focussed says above, this is pretty complicated and I too would be wary of dealing with it via the small claims court.

Before you go to a solicitor, I would get some time with Citizens' Advice. They will have someone able to give rudimentary legal advice; in the end they may suggest you go to a solicitor anyway.

If you do, try to get an initial consultation for free before making any final decisions about where you're heading, because using a lawyer will be expensive and you have no guarantee you'll be awarded costs in any court action.

Focussed's advice to find a solicitor who has expertise in motoring matters is good. And yes, you will need to have everything documented.

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Tue 12 Jan 2016 09:00
Legal Advice required - Palcouk

In any Small Claims Court its very unusual for any victor to be able to claim costs (legal)

Winning a case doesnt mean you will be paid, unless perhaps you esculate any awarded claim to the High Court Bailifs who have more power to collect, at a further cost.

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