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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45323
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi I bought a car from a garage on 23 November 2014 with a

Resolved Question:

Hi
I bought a car from a garage on 23 November 2014 with a brand new MOT, on Xmas eve the car developed a fault , the car went into local garage on January 10 this is when they could fit it in having been shut over Xmas/new yrs, the could not fix it , it was collected and went to main dealer on January 13th , booked in in the workshop on 20th , I contacted the garaged I purchased it from to let them know there was a fault with car and would they help cover the cost , they said they didn't think they could but he'd have a chat with his business partner and see, not heard from them since. Last week the garage the car is in contacted me to say there is an outstanding recall on the car for axel corrosion it won't cost be they fixing it but I we need to authorise 2 hrs work to investigate the original fault, just had a call to ask me authorise more work as the brake pipes had nearly corroded through and it was not safe to drive . I have just got off the phone to the garage where I've purchased it from they told me there is nothing they can do . The car was not fit for sale and shouldn't have passed the MOT . What can I do ? Where do I stand my bill for the car is about £1000 so far
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

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

Ben Jones :

could the garage you bought it from have fixed this issue?

Customer: No they were just a unit selling cars and didn't offer they said there was nothing they could do !
Ben Jones :

ok let me get my response ready please

Customer: Was unable to drive car to return it to garage it was 3jr drive away 166 miles
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.


 


As you are too late to reject the vehicle, you could instead request that you are compensated for the repairs or that it is replaced without causing you 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, which you have done, although there is an obvious risk in doing so as there is no guarantee in getting any of the money back.


 


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.


 

Customer: Thanks for your help , the garage are not excepting any responablity,
Customer: What about the garage who completed the MOT as I'm having to replace rear brake pipes they say should not have passed MOT , I have told the garage I purchases it from it was not hit for purchase , as the outstanding recall work was rear axel issue also but none of this is linked to original fault the reason car went off the road . The car has leaking front light unit which caused wiring connection causing the car to become faulty.
Ben Jones :

this is a separate issue so you can only claim back for your MOT fees from them, assuming you had to pay these again, but they cannot be held responsible for the original issues

Ben Jones :

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? Thanks

Customer: Yeah but in till the garage has finished the work I can't contact trading standards,
Ben Jones :

to an extent that is true but the issue is still with the original seller and their refusal to compensate you for the repairs that have already taken place so for that issue you may contact them

Customer: Ok thanks but the garage have now said they closing the doors on their business since talking to you , not sure if this is true or more of a brush off , so frustrated
Ben Jones :

do you mean they are closing the business down?

Customer: Yep he said the are about to close the business down giving up the unit they trade from
Ben Jones :

only time will tell if that really happens, until then you still have rights against them as described above

Ben Jones :

Has this clarified your position?

Customer: Yes thank you , do you think a small claims court will help ?
Ben Jones :

it could be useful to send a message and you never know, it could prompt them to reconsider their position, but at the same time it is relatively easy to avoid the process and bury your head in the sand, it would then be for you to explore different enforcement methods to try and get your money back and you will rack up costs in the meantime, so there will always be a risk involved.

Ben Jones :

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? Thanks

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45323
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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