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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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Hi I bought a second hand car on the 16th Nov, the clutch broke

Resolved Question:

Hi I bought a second hand car on the 16th Nov, the clutch broke on the 23rd Nov. The garage fixed free of charge. the car broke down again on the 3rd Dec. I have asked for a refund or exchange but the garage has refused. They have fixed the problem and say that is all they are prepared to offer. Is there anything we can do to get a refund or exchange?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

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

its a 54 plate and I paid £1400 and we part exchanged our old car which he allowed £100 for

Expert:  Jo C. replied 3 years ago.
Was there a warranty?

is it the same fault that has caused the second breakdown?
Customer: replied 3 years ago.

no its clutch related but not same fault


 

Customer: replied 3 years ago.

3 month warranty


 

Expert:  Jo C. replied 3 years ago.
Thanks for the information.

This is a sale to which the sale of goods act applies. If this was sold by a dealer then he is caught by that legislation. That gives you various consumer rights.

The sale of goods act will demand that anything sold is “fit for purpose". That does not mean perfect but it does mean reasonably good with reference to the price you paid, the age of the vehicle and its history.

I don't think the you would have any difficulty showing that this car has faults. It's fair to say that it's not the most expensive car but it did cost over £1000 and it was a recent purchase. You would reasonably expect it to last longer than it has.

The question is what remedy is appropriate. You are able to reject a second-hand car under the sale of goods act but only if you have not “accepted it". There are cases that have involved people who've rejected goods many months after purchase but they were all much more expensive transactions than this and, as with everything else under this legislation, the question is one of degree. If this were to get to court there is a risk that a court would say that you had accepted it.

That doesn't mean that you don't have other options. The 1st point to make is that if you were to issue against them at the Small Claims Court the practical reality is that they would probably settle to avoid the loss of manpower. Also, you have a right to demand that they repair this. If they refuse then you would probably win at court. If they agree then there is case law that says that you have to give them 3 attempts to remedy the faults before your rights to reject are triggered again.

In relation to an exchange, you are actually entitled to ask for an exchange and they should comply unless they can prove that it would be disproportionately expensive for them to provide an exchange. Commonly that is what is relied upon with used cars.

If you do have a warranty then you can rely upon that to get the vehicle repaired anyway.

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

Jo
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’