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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47417
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I bought a used car from a dealer almost three weeks ago,its

Resolved Question:

I bought a used car from a dealer almost three weeks ago,it's a semi automatic after 12 days the clutch actuator needed replacing I'm presuming they have done this I was without the car for 3 days whilst it was being repaired. yesterday it wouldn't change gear whilst in auto mode they say to takin it in Monday and they will have a look how long do I have to put up with this before I can ask for a refund and be done with this.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

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

Ben Jones :

Do you definitely wish to get a refund now rather than allow them to repair it?

Customer: Yes I think I would I work in family planning clinics I could travel between 3 clinics a day I am totally dependant on a reliable car
Ben Jones :

ok thanks, XXXXX XXXXX get my response ready please

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. So you are just within this period and any rejection must be done as soon as possible to ensure you stand the best chance of succeeding.


 


If the dealer refuses to resolve this issue, accept the car back or accept any liability in general, 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: Do you think I have a good chance of a refund or does it depend on the dealer themselves
Ben Jones :

it is down to the dealer - the law says you can reject the car, but it does not mean the dealer will just accept it and they could be awkward and refuse that, prompting you to have to pursue this further as explained above

Customer: Why oh why is nothing ever easy you pay hard earned money for a vehicle that you cannot do your job without and end up not being able to fulfil your job because of a useless car. I am not registered disabled but because a previous ankle injury can only comfortably drive an automatic that it why I specifically chose one would that help my case any
Ben Jones :

this would not affect your rights in seeking a resolution or a refund - you have rights in this situation as explained above, but it does not necessarily mean that they will be easy to apply, then again this is the worst case scenario I am discussing, the dealer could be professional and deal with it better

Customer: Thank you
Ben Jones :

you are most welcome

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