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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I brought a second hand car from a dealer on 1st feb 2014.

Customer Question

I brought a second hand car from a dealer on 1st feb 2014. One week later, the engine would not start. It went to garage and was fixed. This has subsequently happened twice more since (sometimes it starts and sometimes it does not). The dealer has paid for the work to be completed, however I believe that the car is unfit for purpose and of unsatisfactory quality. I have requested a refund, however he has refused and will only offer a replacement, although he has nothing available that is like for like. Am I entitled to a full refund? Many thanks
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask hold old the vehicle is and how much you paid please?

JACUSTOMER-z03tzlqa- :

It is an 06 reg and I paid £5000 on my credit card for it.

Joshua :

Thank you. As you will be aware the position here is that you have two differing sets of rights. The first set of rights you have under any warranty from the manufacturer or dealer which are somewhat limited insofar as that they are limited to the terms of the warranty which are probably not overly generous if a warranty exists at all. I will leave this here though because of what follows.

Joshua :

You have a another set of rights by virtue of your contract with the dealer from whom you purchased the car. This set of rights are much more extensive as terms are implied into your contract by virtue of the Sale of Goods Act that the car must be of satisfactory quality, fit for purpose purpose and as described. During the first six months, any faults are automatically assumed to be inherent as opposed to having been caused by damage or otherwise under the provisions of the Sale and Supply of Goods to Consumers Regulations 2002. After the first six months, the burden of proof switches to you to show that any faults are inherent as opposed to having been caused by damage.

Joshua :

The Sale of Goods Act gives you the right to reject a car if it is faulty or not as described but that right only exists for a short period - little more than a week and accordingly you would be out of time to do this at this stage. However under other rights conferred upon you under the above Act you can insist upon a repair or replacement at the dealer's discretion or a refund. If the dealer opts for repair or replacement rather than refund you are required to give the dealer reasonable opportunity to repair. There is no specific prescribed number of times that you must must not allow them the opportunity to repair the car however if they have failed to repair the same more than two-three times or refuse to repair the vehicle this would usually be held to be satisfactory opportunity to do so and you would be within your rights to request a refund or replacement with a vehicle of equivalent spec and age less an appropriate amount to compensate you for your use of the car. If the dealer is not able to replace the vehicle on a reasonably like for like basis then the dealer must refund you together with any costs you have reasonably incurred as a result of the issues experienced less a sum to account for any use you have had from the car.

Joshua :

As above you are entitled to claim any reasonable costs as a consequence of the failure - e.g. any travel costs in returning the car if you have to travel far for example to the garage. You are required to mitigate your costs.

Joshua :

I note you have rated my service to you as bad but I am assuming this is a mistake as you do not appear to be online. Are you having difficulties with the chat window?

Joshua :

Please let me know if you would like to continue?

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