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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I bought a car from a motor trader on 04/01/2014. He gave me

Customer Question

I bought a car from a motor trader on 04/01/2014. He gave me a 12mth warranty with a firm called autoprotect.

The car has a faulty heater box which I registered with this company, I also rang the dealer and told him and he said he would take a look at the vehicle.

I took the car in on Monday 3/03/14 and on ringing today he says he is still looking at the problem. He told me on 4/03/2014 that the baffles in the heater were broken and was trying to get advice from the warranty company.

I told him that it was his responsibility to fix the problem as it was still within 6mths of me purchasing the car.

I rang today and he said it has not been fixed but said he would speak to his garage and give me a call back.

What legal action can I take against this trader as he is dragging his feet in getting it fixed within a reasonable time.
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 :

Have you checked if the warranty would cover this issue?

JACUSTOMER-relqou3b- :

they will only cover £1000 and £45 labour

JACUSTOMER-relqou3b- :

Peugeot main dealer estimate was £1967

JACUSTOMER-relqou3b- :

Under the sale of goods act section 48 and section 14

JACUSTOMER-relqou3b- :

Surely it is the trader who is liable within 1st 6 months

Ben Jones :

ok let me get my response ready please

Ben Jones :

When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002.

The law states that the goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller. The only time action can be taken against the manufacturer is under a manufacturer's warranty or guarantee. There is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.

If the goods are not as described, of satisfactory quality or fit for purpose, you have the following rights:

1. Reject the goods and request a refund - this is only possible if the rejection occurs within a 'reasonable time'. This period depends on the circumstances, although it is generally accepted to be within the first month after purchase, so must not be delayed.

2. Ask for a repair or replacement – if you are too late to reject the goods, you can ask the seller for a repair or replacement without causing any significant inconvenience.

A useful rule is that if the goods are returned within the first 6 months after purchase, the law assumes that they did not conform to the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the goods are returned more than 6 months after purchase, it would be down to the consumer to prove that the goods were faulty at the time of sale.

As you appear to be too late to reject the goods, you can still try and resolve this by contacting the seller and asking them for a repair or replacement. You can quote the applicable laws and rules as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses.

If you were to take legal action then usually it would be for financial compensation only, for example if you had to pay for the repairs yourself and then pursue them for these costs. Any such claim can be made through www.moneyclaim.gov.uk.

Ben Jones :

Hello, 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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