Hello my name is ***** ***** I will help you with this.
For now please let me know whether it was new or used? How much did you pay, what was the age and how many miles had it done?
It is a second hand Mercedes C class estate. It has 90,000 miles and I paid £5000. I part exchanged my old car for £2000 and paid the £3000 difference.
Sorry the age of the car is 10 years old. It is on a 04 plate.
Do they know what the problem is?
they say it is the radio. They are going to replace it this week. However in the meantime they have said if I keep the radio switched off at all times the battery shouldn't drain. However It has. I will wait to see if the new radio and battery will fix the problem. I am trying to establish where I stand legally if it isn't fixed after being replaced. can I get a refund?
Sadly not. This is because under the Sale of Goods Act when you purchased used or secondhand goods your rights are far more limited.
If you had purchased a brand new Mercedes then the quality of that car and its fitness for use is going to be far higher than a 15 year old car with 100,000 miles on the clock. The same standard of quality is not going to be expected.
Given that you can drive the car, there appears to be an issue with the radio and that the vehicle is 10 years old with 90,000 miles you would not be able to reject and seek a refund.
Indeed if this was a brand new car, you would not expect a refund with a fault such as this. The fault has to be significant, ie it can not be driven.
Whilst you can insist on it being fixed you can not demand a refund
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Can I clarify anything for you about this today please?
My understanding is because I brought the car from a dealer, under the sale of goods act 1979 the car should be
1 of satisfactory quality
2 fit for intended purpose
3 as described
Well the car is certainly NOT fit for purpose and it doesn't start!
and there for not of satisfactory quality.
Also as the fault is serious, it is within reasonable time of the sale and I have stopped using the car due the fault does this not mea I can get a refund?
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
obviously didn't read the details correctly and answered the question incorrectly. I have some basic understanding of the law and wanted confirmation. which I got when I pointed out the details!
As I said, I don't think you have a claim, but went on to outline the details of making it for you.
Initially I said I don\t think it would be successful. But then you asked if you could claim a refund.
I said yes, you can ask for a refund and outlined the process.
I don't necessarily think they would give you one.
The law says:
Consumers are entitled to vehicles of ‘satisfactory quality’. Satisfactory quality means that the vehicle you sell should be of a standard that a reasonable person would expect, taking into account a number of factors including the vehicle’s: • age • value/worth • history • mileage • intended use • make • durability • safety • description (whether made verbally or in writing).
The car is 10 years old and has done 90,000 miles.
Therefore whilst I don't think a claim would be successful you can certainly ask for a refund.
They are likely to say no, but once you issue the claim, they are more likely to negotiate.
But if they fix the problem with the vehicle then the fault will have gone.
The only other difficulty is that you have a limited time in which to reject the goods.
You purchased this on 10th January 2015. It is not over a month and the goods have not been rejected.
They may also raise an issue in relation to this.
But once you issue a claim then they are likely to consider settling the matter. As it would be a small claim they would not be able to recoup of the legal costs, save in certain circumstnaces.
Does that clarify matters for you?
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