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Hi. Legal opinions needed please.
I am in the process of returning a used car back to a dealer, under 30 day short term rejection.
They have been unresponsive for 16 days since acknowledging receipt of a letter of rejection 8th April, that is until today when they received my 'letter before court claim'
I have asked for my money back, plus fair and reasonable damages for costs I have paid for an independent engineer inspection, and an MOT elsewhere, insurance cover fees for policy changes, special delivery postage costs etc etc.
The dealer says they will now accept the car back and refund what I paid for it, but won't cover any of the damages claims. I have sent receipts previously.
If I return the car, I guess the other costs will need to be sought in the small claims court.
* My question is, by them having the car back would it endanger a claim for the damages costs though, and should I continue on with the claim as it stands in full? I am not compromising on more than £350 already spent to prove the car was not fit for purpose (as agreed by an independent engineer)
* Also, by law the dealer has to arrange the collection of the car. As the dealer is completely untrustworthy worthy, can I stand firm that he pays me shortly before the car is collected?
A non legally qualified person told me the dealer can take up to 14 days to refund me after accepting the car back, but I have a serious hunch I'd never see a penny, and my car would be gone (this dealer breaks civil and criminal law regularly)
Thanks
I am in the process of returning a used car back to a dealer, under 30 day short term rejection.
They have been unresponsive for 16 days since acknowledging receipt of a letter of rejection 8th April, that is until today when they received my 'letter before court claim'
I have asked for my money back, plus fair and reasonable damages for costs I have paid for an independent engineer inspection, and an MOT elsewhere, insurance cover fees for policy changes, special delivery postage costs etc etc.
The dealer says they will now accept the car back and refund what I paid for it, but won't cover any of the damages claims. I have sent receipts previously.
If I return the car, I guess the other costs will need to be sought in the small claims court.
* My question is, by them having the car back would it endanger a claim for the damages costs though, and should I continue on with the claim as it stands in full? I am not compromising on more than £350 already spent to prove the car was not fit for purpose (as agreed by an independent engineer)
* Also, by law the dealer has to arrange the collection of the car. As the dealer is completely untrustworthy worthy, can I stand firm that he pays me shortly before the car is collected?
A non legally qualified person told me the dealer can take up to 14 days to refund me after accepting the car back, but I have a serious hunch I'd never see a penny, and my car would be gone (this dealer breaks civil and criminal law regularly)
Thanks
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