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Have you approached them with possible solutions to this?
ok let me get my response ready please
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, you will have certain legal remedies against the seller. There is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.
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 you are too late to reject the goods, you can ask the seller for a repair or replacement without causing any significant inconvenience.
A useful rule is that if the goods are returned within the first 6 months after purchase, the law assumes that they did not conform to the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the goods are returned more than 6 months after purchase, it would be down to the consumer to prove that the goods did not meet the statutory requirements set out above at the time of sale.
As you appear to be too late to reject the goods, you can still try and resolve this by contacting the seller and asking them for a repair or replacement. You can quote the applicable laws and rules as mentioned above. They have offered you a replacement and the reasons why you are not just getting a straight swap for a vehicle of equivalent value is that you would have made use of the car for nearly 2 years and there would be usage costs and depreciation of value so these would need to be taken into account. Had the replacement been done shortly after purchase then obviously these costs would have been lower but the further down the line you go the more you can expect the vehicle value to depreciate.
If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses.
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
yes correct, you are likely to have to contribute something if you expect a like for like replacement. How much though is a moot point, there is no formal scale one can use to say a car of original value of X will have depreciated in value by X over a certain time. There will be many variables taken into account and in the end it would be up for negotiation between you and the company, but if that cannot be achieved then only a court can really decide that. That is where there is a degree of uncertainty as well because the value you may have to contribute will not be set and one judge on one day may come to a completely different decision to another on a separate day
you are welcome, best of luck!
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