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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46809
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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hi, i am a car trader i sold the car three weeks ago tow weeks

Resolved Question:

hi, i am a car trader i sold the car three weeks ago tow weeks later new buyer called me the clutch in the car slips now he want to give me car back can i charge them over 2, 3 weeks of keeping if yes how much.
thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Hi can you please clarify what exactly you want to charge them for please?

Customer:

for using the car before the clutch went down

Customer:

how is responsible for bringing the car to me

Customer:

who is responsible for bringing the car to me

Ben Jones :

was the clutch actually defective, do you agree there was a problem with it?

Customer:

i sale the car with 97thousent miles and inwose the clutch was change was on the 70 thousend miles when they do the test drive the clutch was fine I want want to pay them for the clutch replace but hi want me to pay £1500 but job is worth not even £300

Ben Jones :

does he want to give the car back to you and just get a refund?

Customer:

yes

Ben Jones :

and this was a private buyer?

Customer:

yes

Customer:

can I charge them for any damage they done on the car .

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, they will have certain legal remedies against the seller.

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 they are too late to reject the goods, they can ask the seller for a repair or replacement without causing any significant inconvenience.

So if they rejected the car within a couple of weeks after purchase they are within time to do so and they can ask you for a full refund. You could deduct any usage costs but for use of 2 weeks these will be minimal, especially if they have not driven much in it – you can only deduct costs for depreciation in value, for example if they had driven thousands extra miles and as a result lowered the car’s value further. However, if actual damage has been caused then you can offset these costs against any refund.

Finally, it is the buyer’s responsibility to get the car back to you if they want to reject it and get a refund.


Customer:

he say he done about 1000 miles

Ben Jones :

then you have to estimate what the value of the car would be had it had !000 extra miles, but I presume it would not change that much

Customer:

how much i can charge him for that?

Ben Jones :

well you are the car trader, you need to estimate what the difference in value between a car like that with 97000 miles would be when compared to one with 98000

Customer:

if he deicide to reperate the car can he tell me to pay a bigger amount then normal , he wanted £ 1500 for reperate but i check with my garagde the service cost is £ 300

Ben Jones :

he cannot just ask you to pay any amount, he has to justify it so if you do not believe the repairs were worth that much, you can ask him for evidence of that

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:

thanks

Ben Jones :

you are welcome, all the best

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46809
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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