Another used car help please

[Cry491]

What if they want to go ahead and I can’t afford to take them to court

[des8]

how much did the car cost?

in any event your claim against the finance company will not be for the value of the vehicle, but the amount of money you have spent
i.e. deposit and instalments and other incidental costs.

If that does not exceed £10000 your costs are minimal, and even if you lost costs awarded to the winning party on the small claims track are fixed

And if on a low income you might qualify for assistance https://www.gov.uk/get-help-with-court-fees

[Cry491]

24k in total, 4K deposit from my part exchange.

[des8]

So far then you have paid £4000 deposit and possibly 5 months instalments
I'll guess at £650 monthly over 3 years, which means you've paid around £3000 to the finance company.

With those figures your claim would fall onto the small claims track

[Pezza54]

If OP carries on paying £650 per month until a court decision, possibly 12 months, OP may have paid a further £7800 to the finance company. Does the court take this into account?

[des8]

If OP carries on paying £650 per month until a court decision, possibly 12 months, OP may have paid a further £7800 to the finance company. Does the court take this into account?

CRA2015:sec20 (20) & (21)
(20)Subsection (21) qualifies the application in relation to England and Wales and Northern Ireland of the rights mentioned in subsections (1) to (3) where—
(a)the contract is a severable contract,
(b)in relation to the final right to reject, the contract is a contract for the hire of goods, a hire-purchase agreement or a contract for transfer of goods, and
(c)section 26(3) does not apply.

(21)The consumer is entitled, depending on the terms of the contract and the circumstances of the case—
(a)to reject the goods to which a severable obligation relates and treat that obligation as at an end (so that the entitlement to a refund relates only to what the consumer paid or transferred in relation to that obligation),

[Pezza54]

Thanks Des8
So would OP's claim be for a fixed amount or a sum to be calculated by the judge if the claim was successful?

[des8]

i would claim a fixed amount as leaving it unspecified the filing fee is £10,000