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Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69269
Experience:  Over 5 years in practice
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My son bought a car a week ago for £11.500 debit card payment

Customer Question

My son bought a car a week ago for £11.500 debit card payment to a garage .the car has been faulty and broke down within a day. We contacted garage .was told to get it to a garage to see what the problem was.this car needs a fuel pump and clutch.the warranty was not registered and won't cover nearly £1000 of repaires .we asked for a refund to which was told can't have a refund .but to get a quote and they will take it from there the garage is a good distance away .was told that was upto us to get the car to there garage .we can not drive car ..why can't we have a refund ..
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

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

How old is this car please?

How much did you pay? I presume you don't mean £11.50?
Customer: replied 2 years ago.
£11.500 3years old
Expert:  Jo C. replied 2 years ago.
Eleven thousand and five hundred pounds?
Customer: replied 2 years ago.
What more information do you need
Expert:  Jo C. replied 2 years ago.
Can you just confirm the amount?
Customer: replied 2 years ago.
Expert:  Jo C. replied 2 years ago.
I presume you mean eleven thousand and five hundred pounds rather than eleven pounds fifty?

When did he buy exactly please?
Customer: replied 2 years ago.
Expert:  Jo C. replied 2 years ago.

When did you first complain to them?
Customer: replied 2 years ago.
First thing day after
Expert:  Jo C. replied 2 years ago.

I just need about 10 mins to type out an answer if thats ok?
Expert:  Jo C. replied 2 years ago.

There are two issues to consider here. The first is the warranty. The second is the general law.

The warranty may very well exclude this type of fault. Warranties aren't worth very much. They are just an additional protection that garages offer but usually are riddled with exemptions.

That does not mean that you haven't got other rights.

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 seem to accept that by offering a repair so that should be no difficulty.

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.

Given that you complained the day after the delivery I do think you could reject this under the SGA. There are cases that allowed for much longer periods of time but generally they involved fairly catastrophic failings with the vehicle.

The fault was, in any event, discovered within the first six months of sale so there is a presumption in your favour that it existed at the time of sale.

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.

He really should collect the vehicle if a repair is to be the only option.

Ultimately if they refuse though, they cannot be forced to provide you with an exchange or a repair. All you can sue for is damages in default.

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

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