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Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69365
Experience:  Over 5 years in practice
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i purchased a second hand vehicle in august 2012, with extended

Customer Question

i purchased a second hand vehicle in august 2012, with extended warranty had I back to the garage approx 3, 4 times for various things i tried to book it in last week as I think there's a fault on the brakes but they can not fit me in till 13 th of June because I need a courtesy car. I've took it today and left it there. what are my rights with this. I believe the car is dangerous
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

Whats wrong with the vehicle exactly please?
Customer: replied 3 years ago.

It started to feel like the brakes are locking on after i have drove it for about 4 miles? So it is losing speed, today the ABS light, Hand brake light and the P/S light are all flashing on and off.

Expert:  Jo C. replied 3 years ago.

Are they willing to repair the fault?
Customer: replied 3 years ago.

i dont know until they have assessed it but they are saying they can not look at it until the 13th of june (that is my problem)

Expert:  Jo C. replied 3 years ago.
Sorry but is that for assessment or repair?
Customer: replied 3 years ago.

an assessment,

If they would just let me have a courtesy car, there would not be a problem but I am stuck without my car

Expert:  Jo C. replied 3 years ago.

How old is the vehicle and how much did you pay for it?
Customer: replied 3 years ago.

hmm it is on an 07 plate and with the extended warranty and gap insurance

it just came to under £5000.00 but I am not 100%

Expert:  Jo C. replied 3 years ago.

I do completely see why you are aggrieved over this but ultimately we are all hampered by the law to some degree.

This is a purchase to which the Sale of Goods Act applies. That will mean under S14 SGA it must be ‘fit for purpose’. That does not mean perfect but it does mean reasonably good with reference to the price you paid for it, its age and history. This is a fairly recent purchase and it wasn’t an insignificant price. Clearly it is faulty and they should repair it.

You do have to reject anything you purchase under the SGA which has a fault if you have not already ‘accepted’ it. What it means to ‘accept’ an item depends on the nature of the purchase, the price of the item, the length of time you’ve had it.

It is possible that a Court could say you have accepted this vehicle given that you’ve had it since August 2012. There are cases that allowed for much longer periods of time but generally they involved fairly catastrophic failings with the vehicle.

You do have a right to demand either a repair or a like for like exchange. The dealer can only refuse one or the other if he can show that the remedy is impossible or disproportionate. He is probably relying on the latter.

However, under the SGA, if he fails to act within a reasonable time or causes you unreasonable inconvenience, you are entitled to ask for rescission of the contract and a full refund or a price reduction.

You do seem to be describing nearly a delay of just over 10 days which is not unreasonable I'm afraid.

Unless you agreed under the contract that you were entitled to a courtesy car you cannot demand one unfortunately. You could try to argue that this amounts to unreasonable inconvenience within the meaning of S48D SGA.

Hope this helps. Please let me know if you need more information.

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