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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70519
Experience:  Over 5 years in practice
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i purchased a used vehicle and it had faults the night i picked

Resolved Question:

i purchased a used vehicle and it had faults the night i picked it up and it was returned same night the company took a week to rectify the faults and told me it was fine, i had the vehicle 6 days and it has serious engine faults, what are my rights, they have given me a 12month warranty but done nothing about getting the vehicle collected for repair.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is there any reason you don't want to deliver it for repair?
Customer: replied 3 years ago.
i was recovered from the motorway on Friday and had to take it somewhere close to home so i could get a hire car that was linked with my AA membership, i informed the sales garage of this and he was fine for me to do that, he promised me yesterday that someone would go down and inspect the vehicle today and no one turned up, he won't reply to calls or txt i am considering calling in again tomorrow.
Expert:  Jo C. replied 3 years ago.
Thank you.
If the vehicle is undriveable then he should collect it.
Whatever your warrantee may or may not say on the point he is bound by the sale of goods act because he is a dealer. That will demand that this vehicle be fit for purpose and clearly it is not because it has developed a serious fault.
He is under a duty to offer a repair and, in default, you can have it repaired elsewhere and sue for the cost of doing so.
It is worth though sending him a letter before action giving him no less than seven days to collect. Apart from any else, that will protect you from the argument that a repair is disproportionately expensive for them.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.
I am fine with this and will draft a letter and drop it in, can I state anything about storage charges from the garage where it is sat at present.
Expert:  Jo C. replied 3 years ago.
Who is charging storage charges?
Customer: replied 3 years ago.
No one yet but the garage where it is at present took it in as a favour as we use it for other vehicle servicing.
Expert:  Jo C. replied 3 years ago.
f they charge storage then you are liable for that as their contract is with you. You cannot recover that from the seller.
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