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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I purchased a 2nd hand Land Rover from a Kia dealership. To

Customer Question

I purchased a 2nd hand Land Rover from a Kia dealership. To obatin a LR warranty I took it to a authorised LR service centre. They identified significant faults with the vehicle. The vehicle was returned, I informed the seller I wasn't accepting ownership, returned the car and requested a refund. The dealership rejected the report from LR. I am currently at the stage of pursuing a Section 75 claim (purchased the car on my credit car) via the Financial Ombudsmen. A second independent report was agreed between the credit company and myself but the seller is trying to reject this. They are concerned that the vehicle hasn't been used for over 8 months and will impact the report. However 6 weeks previous the seller did offer to drop all storage charges if I collected the vehicle and signed a document stating the seller was not liable for anything. This would imply the vehicle was of "satisfactory quality"?
I'm hoping you can answer the following:
1. As I didn't accept the vehicle (and am not the registered owner) can the seller impose storage charges for the duration of the dispute?
2. Should the seller ensure that the vehicle condition is maintained until the dispute is resolved?
3. As I haven't accepted the vehicle, should the vehicle deemed of "satisfactory quality" at the time of rejection or at the time of the new report?
Many thanks, Nick
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know what you exepct them to do to maintain the vehcile in the meantime?
JACUSTOMER-kuuu08sj- : Alex - not sure what you mean. Rgds, Nick
JACUSTOMER-kuuu08sj- : The seller has expressed a concern that the vehicle was not used for 8 months and they implying its condition would have deteriorated. Do they have a responsibility to ensure the vehicles condition is maintained whilst in their keep? I cannot comment on what "I except them to do to maintain the vehicle" just requesting at what level they should maintain it to?
Alex Watts :

What stage are proceedings currently?

JACUSTOMER-kuuu08sj- : The seller is discussing the "complications" of having a report conducted with the credit card company. The adjudicator is holding at the moment. I'm looking to see if I can strengthen my legal rights.
Alex Watts :

So you have not issued proceedings yet?

JACUSTOMER-kuuu08sj- : Not yet. The case is still with the Financial Ombudsmen.
Alex Watts :

OK.

Alex Watts :

I dont think you need to worry about maintaing the vehicle. It is in storage.

Alex Watts :

You have a problem with the vehicle.

Alex Watts :

If I was you I would issue a joint claim against LR and the dealer.

Alex Watts :

One of them is responsible.

Alex Watts :

Also the finance company under S.75 as you have identified

Alex Watts :

1. No you are not responsible for storage charges if it is rejected

Alex Watts :

2. The seller just need to stores the vehicle

Alex Watts :

3. Yes it should be of satifactory quality

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-kuuu08sj- : thank you for clarifying points 1 and 2.
Alex Watts :

Indeed

JACUSTOMER-kuuu08sj- : for point three. when should it be of satisfactory quality? Now or back when the issue first started. Can the seller claim that because the vehicle was not used its condition has deteriorated and the buyer has to accept that fact I.e. Can they supply a vehicle of worse condition?
Alex Watts :

3, When the issue first started. The goods must be fit for purpose for generally 6 months.

Alex Watts :

They can't supply a worse condition vehicle

JACUSTOMER-kuuu08sj- : Especially if all they had to do was store the vehicle and not maintain its condition as in point 2
JACUSTOMER-kuuu08sj- : 6 months from point of acceptance?
Alex Watts :

Yes 6 months from acceptance

JACUSTOMER-kuuu08sj- : Aha - so summarising:
JACUSTOMER-kuuu08sj- : sorry pressed return
Alex Watts :

ok

JACUSTOMER-kuuu08sj- : summarising: Legally, as I rejected the vehicle storage charges cannot be issued against whilst it is dispute. The seller only needs to store the vehicle and not maintain it. Until acceptance of the vehicle, it must be of a satisfactory quality and the fact that the seller may have left the vehicle's condition deterioate is not a valid excuse, should the independent inspection take place.
Alex Watts :

Yes

Alex Watts :

Does that clarify?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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