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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44867
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I bought a car feb last year the car company had it back 3

Customer Question

I bought a car feb last year the car company had it back 3 times in less than three months we had 12 months warranty on the car they suggested I should swap it for I different car the car I chose was the same price I had paid for the other one but after one day I was getting a breaking fault no abs the company said as they had replaced the disc it would go away after a few days it did not so I took it to a Renault dealer to have a diagnostic test done this showed the rear break discs to be faulty I paid to have them repalced the discs that was taken off were the wrong ones for the car they also advised us that there were two other faults with the car and should not have been sold in that condition we paid for this to be done I went back to the sales garage and asked if they could pay for the parts also gave them the discs that they had put on the car with the report from the Renault dealer that said they would claim from the warranty company but when I phoned the warranty company and gave them my details they had not got any record of this when calling at the sales garage I have noticed that they are carrying out repairs theselves and the cars are not going to a proper garage can I claim back all my expenses and if so how long should I have to wait
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :

Did you buy the car on finance?

JACUSTOMER-0794y221- :

no we paid by debit card but the second car we paid on the creidit card

JACUSTOMER-0794y221- :

the sales garage has also told us that they are changing warranty companies will this affect the 2 year warranty they gave us or( I paid for}

Ben Jones :

When a person buys a second-hand vehicle from a dealer they will have certain rights under consumer law, specifically the Consumer Protection from Unfair Trading Regulations 2008 (CPR) and the Sale of Goods Act 1979 (SGA).

Under the CPR, the following business practices are deemed unfair if they prompted you to make a decision to buy the car in question:

• Giving false information about the vehicle or deceiving the buyer through false advertising

• Giving insufficient information to the buyer, for example leaving out important information about the condition of the car

Failure to adhere to the CPR rules will be unlawful and may even amount to a criminal offence so if you believe that the dealer acted in contravention of these rules you can bring this up with them when you contact them about this.

In addition, you will have certain rights under the SGA, which states that when you buy an item from a business seller it must be of satisfactory quality, fit for purpose and match its description. If the car does not satisfy any of these, the dealer will be responsible.

They will only be liable for faults that were present at the time the vehicle was sold, even if they become apparent later on. However, they will not be liable for fair wear and tear, misuse or accidental damage or any issues that were brought to the buyer’s attention before the sale. The age and value of the vehicle will also be relevant and the expectations of older vehicles will certainly be lower.

If the vehicle does not meet the above requirements, the buyer can reject the vehicle and return it to the dealer requesting a refund. However, this will need to be done within a ‘reasonable period, which is usually 3-4 weeks after purchase.

If the buyer is too late to reject the vehicle, they could instead request that it is repaired or replaced without causing them significant inconvenience. The dealer may only reject a repair or replacement if it is impossible or disproportionate in the circumstances. If that happens, you are entitled to get it repaired elsewhere and claim back the repair costs, although there is an obvious risk in doing so as there is no guarantee in getting any of the money back. This is what has happened here so now you are in a position where you cannot return the car and you are simply pursuing them for the costs incurred in repairing the car.

If the dealer refuses to resolve this issue or accept any liability, you could take legal action against them. However, before going down that route you should try and resolve the issue directly with them by sending them a formal letter specifying how you want this matter resolved and giving them 7 days to respond. Advise them that if they fail to get back to you or deal with this in a satisfactory manner, you will have no other option but to report them to Trading Standards and issue legal proceedings to seek compensation. If you wanted to pursue them for the money, then you may do so online by making a claim through www.moneyclaim.gov.uk

Ben Jones :

I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

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