If I bought a car trader to a small claims court in the U.K over repairs how much money would it cost?

[gillivray5]

Basically, I bought a car from a car trader and six days later the car broke down. I felt some issues with the car 3days prior. I was informed by a car garage the gearbox is damaged and faulty and after other checks the car's handbrake doesn't work properly either. The cost of repairs are around £2500, I paid £6050 for the car.

The trader has refused to pay for the repairs and keeps claiming 'bought as seen' which is illegal to do for a trader under the Consumer rights act. I am by law allowed a full refund or for him to cover the cost of repairs by the ‘Sales of Goods Act 1979’

Trading Standard's are fully aware and have informed me to get ready to bring the dealer to court if he doesn't pay up within 10days. Im confident I can win and so are Trading Standards.

What sort of sums/costs will I be looking at to get the legal case off the ground in a small claims court and put a case against the dealer?

Thanks

[colum]

Basically, I bought a car from a car trader and six days later the car broke down. I felt some issues with the car 3days prior. I was informed by a car garage the gearbox is damaged and faulty and after other checks the car's handbrake doesn't work properly either. The cost of repairs are around £2500, I paid £6050 for the car.

The trader has refused to pay for the repairs and keeps claiming 'bought as seen' which is illegal to do for a trader under the Consumer rights act. I am by law allowed a full refund or for him to cover the cost of repairs by the ‘Sales of Goods Act 1979’

Trading Standard's are fully aware and have informed me to get ready to bring the dealer to court if he doesn't pay up within 10days. Im confident I can win and so are Trading Standards.

What sort of sums/costs will I be looking at to get the legal case off the ground in a small claims court and put a case against the dealer?

Thanks

You would have to prove that the car dealer was aware of the gearbox fault and as it was not faulty until 6 days after you got it then how could the dealer have known?
I am sympathetic and you are correct the car must be of usable quality not sold as seen but allowances are made for the fact that it is a used car and there are many things impractical to test and check under the skin which no one could have been aware of.

I think TS are wrong in this case - if they were so confident why won't they help you with it?

The county court has a fee to lodge a case with them and for up to £3000 it is £85.
If you employ a solicitor to do the paperwork £150 per hour is typical

Any good solicitor will tell you this - there is no way to enforce the collection of the money even if you get a court order against the dealer. Fact. If the dealer does not mind an outstanding CCJ against his or the company name then he just wont pay.

[kendrix]

The costs depend on the amount you are claiming.
If you sued for the £2500, the initial fee would be around £100 to £120.

See the links for full info on how to proceed & list of costs:

[fenwick]

Situations like this make you wish you had legal insurance.