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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25451
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I purchased a car 3 weeks ago and an mot had been done

Resolved Question:

hi, I purchased a car 3 weeks ago and an mot had been done by the person selling it. on driving it the brakes did not work properly and so i took it to my local garage who said the brake discs were corroded and badly worn and the brake pads were non existent they were so bad. He also discovered that the servo had gone and so I contacted the seller and after much discussion he said he would pay for a new servo to be supplied and fitted, (I had already had the pads and discs renewed which cost me £298.45). He named the garage for me to take it to and this was 3 weeks ago and it still has not been done. When I ring the garage I am given excuse after excuse to why it isn't ready for me to pick up.
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I ask if the seller was a private individual or a business please?
Customer: replied 2 years ago.

he was a business. I got him off the internet as an established family run business for 30 years

Expert:  Joshua replied 2 years ago.
Thank you. May I ask if you have put any of your concerns in writing to him to date or whetehr everything has been verbal so far?Do you intend to seek a refund for the brake discs as well?
Customer: replied 2 years ago.

it has all been verbal so far as I am unsure of my rights with this issue. He gave me 30 days warranty to which he said was to cover mechanical issues but after much discussion he decided he would cover the cost of the servo. Originally I was willing to cover the cost of the discs etc myself but after all the trouble I have experienced with this I feel I want to also claim for the discs

Expert:  Joshua replied 2 years ago.
Many thanks for the above. The position here is that you have two differing sets of rights. The first set of rights you have under any warranty from the manufacturer or dealer which are somewhat limited insofar as that they are limited to the terms of the warranty which are probably not overly generous and in terms of the warranty it is possible even likely that you will simplhy be required to be patient until the part is available. I will leave this here though because of what follows.You have a another set of rights by virtue of your contract with the dealer from whom you purchased the car. This set of rights are much more extensive as terms are implied into your contract by virtue of the Sale of Goods Act that the car must be of satisfactory quality, fit for purpose purpose and as described. During the first six months, any faults are automatically assumed to be inherent as opposed to having been caused by damage or otherwise under the provisions of the Sale and Supply of Goods to Consumers Regulations 2002. After the first six months, the burden of proof switches to you to show that any faults are inherent as opposed to having been caused by damage.The Sale of Goods Act gives you the right to reject a car if it is faulty but that right only exists for a short period - little more than a week so here you are likely to be out of time in this respect but you still have rights under the above legislation. Under these rights you can insist upon a repair or replacement or refund at the dealer's discretion in respect of the further work that is required and a refund of your costs incurred in replacing break pads as selling a car with faulty brakes is likely to be a criminal offence under s75 Road Traffic Act and you could threaten a report to Trading Standards on this ground alone.As to the other works you are required to give the dealer reasonable opportunity to repair. Any repair must be carried out within a reasonable period of time. What is reasonable is not defined in the legislation but must be reasonable in all the circumstances. In this case perhaps a week or two would not be unreasonable but longer than this would likely be unreasonable. Similarly if they were to eventually repair the car notwithstanding the above and the repair failed, they must be given the the same opportunity to repair/replace etc. There is no specific prescribed number of times that you must must allow them the opportunity to repair the car however if they have failed to repair the same more than two-three times or refuse to repair the vehicle or cannot repair in a reaonable time, this would usually be held to be satisfactory opportunity to do so and you would be within your rights to request a refund less an appropriate amount to compensate you for your limited use of the car or replacement with a vehicle of equivalent spec and age. in addition to the above, you are entitled to claim back your reasonable costs and expenses associated with the problems you have experienced including for example travel costs to and from garages, any replacement transportation of similar spec and value if you have not been able to use the car. In terms of how you may proceed, it would be sensible to consider getting something in writing between you and the dealer because verbal conversations have limited value if you are forced to go to court to enforce your rights. If you have an email address for the dealer, this is ideal because it is quicker than letter. In your initial email you wish to consider referring to what is being discussed and agreed before giving dates where applicable and setting out that you are disappointed that the car has still not been repaired and making it clear that you are providing one final opportunity for the dealer to make good on his undertaking failing which you will appoint your own garage to carry out the repair and look to the dealer for the cost along with the cost of the replacement breaks you have already paid for on the basis of breach of contract under the terms implied into your agreement under the above legislation. You may also wish to express your concern that a car with faulty brakes was sold to you pointing out that this is a criminal offence under section 75 Road traffic act as above. If the dealer does not respond to you, you may wish to consider one final email to him advising that you have no choice but to contract your own garage to carry out the repair and you will be looking to the dealer for the cost of those repairs and if they are not met along with your reasonable expenses and the cost of the replacement brakes, you will have little option but to issue proceedings in the County Court to recover the monies.If you are forced to do so, the simplest way to issue proceedings is by using the courts online issuing service. The matter will be dealt with by the small claims track in the County Court which is very straightforward and legal costs cannot be claimed by either party which keeps the risk of potential costs low. Consumer law is very strong in this area and based upon what you say above, I would consider that you would have a strong claim against the dealer. If you are forced to issue proceedings, you can claim back court costs in the assumption you are successful together with interest at 8% per annum under section 69 County Courts act and any reasonable out-of-pocket expenses you incur in attending any hearing though the matter can be conducted by post if you prefer.https://www.moneyclaim.gov.uk/web/mcol/welcomeI hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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