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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25426
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Purchase a vehicle duel fuel Runs fine on petrol but not

Resolved Question:

Purchase a vehicle duel fuel
Runs fine on petrol but not LPG
Took car back and the garage says it do nothing as gas is not the normal
He said we will have to get it done and pay
We got the car 2 weeks ago and had been back at garage for a week
I think this is wrong he advertised it duel fuel vehicle and the vehicle is faulty
Can you advise my rights
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

From what you say the car was advertised as a dual fuel petrol / LPG car. Could you kindly clarify the garages response in a little more detail to your concerns?

Joshua :

Was the car bought new or second hand? If second hand ow old is the car? How soon after purchase did you go back to the garage and have you put anything in writing to date?

Joshua :

Finally do you still have a copy of the sales advert confirming duel fuel status?

Customer: We'll put nothing writing as of yet
Customer: we have put nothing in writing to date
Customer: The car was 2nd hand and we reported it after 3 days as we thought it was not filling up with gas
Customer: he says it not his problem
Customer: yes we have copy of advert
Joshua :

Thanks - for the avoidance of doubt the advert states duel fuel or words to this effect?

Customer: Car 2007 astravan duel fuel
Joshua :

Thanks. Finally may I ask how you paid for the car? Did you pay for any part of the car by credit card - even a small deposit?

Customer: Advertised as duel fuel 100%
Customer: Paid cash as credit card handling fee
Joshua :

Thank you. As you will be aware the position here is that you have two differing sets of rights. The first set of rights you have under any warranty from the manufacturer or dealer which are somewhat limited insofar as that they are limited to the terms of the warranty which are probably not overly generous if a warranty exists at all. I will leave this here though because of what follows.

Joshua :

You have a another set of rights by virtue of your contract with the dealer from whom you purchased the car. This set of rights are much more extensive as terms are implied into your contract by virtue of the Sale of Goods Act that the car must be of satisfactory quality, fit for purpose purpose and as described. During the first six months, any faults are automatically assumed to be inherent as opposed to having been caused by damage or otherwise under the provisions of the Sale and Supply of Goods to Consumers Regulations 2002. After the first six months, the burden of proof switches to you to show that any faults are inherent as opposed to having been caused by damage.

Joshua :

The Sale of Goods Act gives you the right to reject a car if it is faulty or not as described but that right only exists for a short period - little more than a week however you need to reject the car in writing so you may wish to consider doing this as soon as possible referring to the date of your first contact following the purchase - email or letter is fine. Under these rights you can insist upon a repair or replacement at the dealer's discretion or a refund. If opting for repair or replacement rather than refund you are required to give the dealer reasonable opportunity to repair. There is no specific prescribed number of times that you must must not allow them the opportunity to repair the car however if they have failed to repair the same more than two-three times or refuse to repair the vehicle this would usually be held to be satisfactory opportunity to do so and you would be within your rights to request a refund or replacement with a vehicle of equivalent spec and age less an appropriate amount to compensate you for your use of the car. Because you are rejecting the car at an early stage as above however you are entitled to seek a refund instead.

Joshua :

You are also entitled to claim any reasonable costs as a consequence of the failure - e.g. any travel costs in returning the car if you have to travel far for example to the garage. You are required to mitigate your costs.

Joshua :

In terms of how you may consider proceeding. You may wish to write to the original garage inviting them to refund you if you prefer to reject the car or if you prefer to keep it inviting them to pay the cost of the repairs on the basis that car was misdescribed. If they do not respond or you are not satisfied with their response then you can consider writing to them again advising that if they do not reply with their substantive proposals within 14 days of the date of your letter you will have little option but to issue proceedings against them in the county court and consider a complaint to trading standards in respect of their conduct.

Joshua :

If you decide to issue proceedings for breach of contract as above the simplest way to do this is by using the moneyclaim online court service.

Joshua :

https://www.moneyclaim.gov.uk/web/mcol/welcome

Joshua :

Consumer legislation is extremely strong in this area and based on what you say the dealers position would appear to be very vulnerable.

Joshua :

Is there anything above I can clarify for you?

Customer: No thanks for your help
Joshua :

A pleasure. If I can assist any further as the situation develops please do no hesitate to let me know.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

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