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    • William1982
    • By William1982 14th Apr 18, 10:29 AM
    • 18Posts
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    William1982
    Help with filing a small claims
    • #1
    • 14th Apr 18, 10:29 AM
    Help with filing a small claims 14th Apr 18 at 10:29 AM
    Hello, I purchased a used vehicle on 20/12/17 from a used car dealer, upon driving it home I noticed a fault with the gearbox. I immediately called the dealer and explained my finding and I said will bring the car back for a full refund. The dealer said they do not do refunds however they will honour the fault and repair it.

    Due the Christmas and new year period the earliest the dealer will take a look at the vehicle was on the 7/1/18 so I took the vehicle back 18 days later.

    I think I also should mentioned, while driving back to the dealer I broke down. Alternator belt failed. Luckily I have RAC cover who came out and got me going again. (Cost me 56 in parts)

    The dealer had the vehicle for 5 days. The 5 days without a car was difficult with getting to and back from work and costing me 20 a day in travel cost.

    Unfortunately nothing was fixed and gearbox fault was still present. After several phone calls and text messages the dealer again took the vehicle for another 2 weeks.

    I did get a loan vehicle from them during this time, which I must say was faulty too as I broke down while driving home from the dealers.

    After the 2 weeks I got the car back, again nothing was fixed! I took the car to a local garage who diagnosed the fault with gearbox (cost me 265 to diagnose) and if I want to repair it will cost 900 but the dealer is refusing to cover this

    I am convince this dealer is untrustworthy and will sell anything dangerous to anyone and not care about the condition of the vehicle.

    I apologies for going on a little bit I want to get the story out so I can get he best advice.

    Evidence I have so far is I have a few text messages and a phone call recorded. I also have a report for the independent garage.

    I need help with filling the small claims form in, I have never done one before and any help is much appreciate.
Page 2
    • steampowered
    • By steampowered 16th Apr 18, 1:47 PM
    • 2,488 Posts
    • 2,408 Thanks
    steampowered
    You can accept the dealer's offer if you want to draw a line under this now without the hassle of going through court.

    Or you could request the full amount, and send the dealer a formal letter before action asking him to pay up in 14 days or face county court proceedings.

    In the letter you could point out that if you are forced to issue court proceedings you will be asking for the full cost of the car plus legal costs plus court fees plus your consequential losses, which will mean the dealer ends up paying far more than the cost of the car.

    It is completely up to you. Both options are completely reasonable choices.
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