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Total amount for small claims?

24

Comments

  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    What I meant was it is now a matter of principle. Whilst it might seem grossly unfair I do think that attempting to force the dealer to take it back now it's been fixed will be problematic.
  • forgotmyname
    forgotmyname Posts: 32,897 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Any car can have issues, even brand new ones can have issues.

    They fixed the issue it had so your next car could have the same problem, at least this ones fixed.
    Censorship Reigns Supreme in Troll City...

  • Under the consumer rights act I think it says that if the dealer is unable to repair the vehicle first time then we are entitled to return it.

    To me that's quite clear.

    It is not the car we were sold, regardless of whether it is now fixed. There are so many intangible aspects to buying a car, it was really important to me to buy one with a history I knew, and proper checks done. Now all that is not what I thought it was.

    Otherwise, if I hadn't fixed it, and had finally got the dealer to fix it, but am unhappy with the repair (which I am) then I can also return it.

    The onus was on the dealer to diagnose and fix by law (spending their time and money) so at the very least I would expect to get this back given they forced me to do it all.
  • They didn't fix the issue though, they made me do it, at considerable expense and inconvenience
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Another issue is how do you plan on making them take the car back and refund you?
  • I was hoping the court would cover that? Because they have gone against the consumer rights act.
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    I was hoping the court would cover that? Because they have gone against the consumer rights act.

    I somehow suspect you don't want to hear bad news so I will let others explain about that.
  • Ectophile
    Ectophile Posts: 7,905 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I was hoping the court would cover that? Because they have gone against the consumer rights act.


    In that case, your claim has just gone over £10000. The court isn't going to award you any money that wasn't in your original claim.
    If it sticks, force it.
    If it breaks, well it wasn't working right anyway.
  • So I do need to claim for the car cost? In which case I can't do it online I think.
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    For a claim over £10k you need to seek professional legal advice. Whilst costs are limited in a claim they can still be considerable in claims over the £10k threshold.
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