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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I bought a car daughter in february and an engine problem

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I bought a car for my daughter in february and an engine problem began before we got it home (the engine died and would not restart for some time). I phoned the garage and asked for my money back they said get it back to them and they would fix it.
Over the next couple of days I got it independently assessed (I told them I was doing this) and was told the problem was a faulty throttle body plus other things and would cost about £400 to fix. I then spoke to the garage told them the faults and reluctantly took the car back. They had the car three weeks and after we picked the car back up the fault re appeared within 5 hours. On contacting the garage they had only changed an engine sensor and not the Throttle body. I told them I had lost confidence in them and got it repaired myself at a cost of £440. After numerous calls to them and broken promises of return calls I am at a loss of what I can do.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How much was the car initially?
Customer: replied 2 years ago.

£1200

Expert:  Ben Jones replied 2 years ago.
When a person buys a second-hand vehicle from a dealer they will have certain rights under consumer law, specifically the Consumer Protection from Unfair Trading Regulations 2008 (CPR) and the Sale of Goods Act 1979 (SGA).
Under the CPR, the following business practices are deemed unfair if they prompted you to make a decision to buy the car in question:
• Giving false information about the vehicle or deceiving the buyer through false advertising
• Giving insufficient information to the buyer, for example leaving out important information about the condition of the car
Failure to adhere to the CPR rules will be unlawful and may even amount to a criminal offence so if you believe that the dealer acted in contravention of these rules you can bring this up with them when you contact them about this.
In addition, you will have certain rights under the SGA, which states that when you buy an item from a business seller it must be of satisfactory quality, fit for purpose and match its description. If the car does not satisfy any of these, the dealer will be responsible.
They will only be liable for faults that were present at the time the vehicle was sold, even if they become apparent later on. However, they will not be liable for fair wear and tear, misuse or accidental damage or any issues that were brought to the buyer’s attention before the sale. The age and value of the vehicle will also be relevant and the expectations of older vehicles will certainly be lower.
If the vehicle does not meet the above requirements, the buyer can reject the vehicle and return it to the dealer requesting a refund. However, this will need to be done within a ‘reasonable period, which is usually 3-4 weeks after purchase.
If the buyer is too late to reject the vehicle, they could instead request that it is repaired or replaced without causing them significant inconvenience. The dealer may only reject a repair or replacement if it is impossible or disproportionate in the circumstances. If that happens, you are entitled to get it repaired elsewhere and claim back the repair costs, although there is an obvious risk in doing so as there is no guarantee in getting any of the money back.
If the dealer refuses to resolve this issue or accept any liability, you could take legal action against them. However, before going down that route you should try and resolve the issue directly with them by sending them a formal letter specifying how you want this matter resolved and giving them 7 days to respond. Advise them that if they fail to get back to you or deal with this in a satisfactory manner, you will have no other option but to report them to Trading Standards and issue legal proceedings to seek compensation.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.

I requested a refund within 5 hours of buying the vehicle saying it was not fit for purpose and they refused saying they would repair it. Can I claim against them even though I have had it repaired myself? Can I claim for costs incurred whilst they had the car ie taxis?

Expert:  Ben Jones replied 2 years ago.
they couldn't refuse to refund at the time but if you accepted a repair instead then you would have opted for that instead. But if you had to conduct the repairs yourself because of their inability to repair it (or they refusal) then you could still claim against them. Claiming for taxis in the meantime will be more difficult though, nothing stopping you from doing so but it will be difficult to force them to
Customer: replied 2 years ago.

Excellant. Could you please tell me what section of the law this lies under so I can word my impending letter to them.

Customer: replied 2 years ago.

would I be right to say that by refusing me a refund I was deliberately misled down the repair route and therefore my decision to accept the repair is invalid?

Expert:  Ben Jones replied 2 years ago.
this is all under the Sale of Goods Act 1979. But it is not for them to explain your consumer rights to you as such, they exist there and you are the one that needs to apply them. So they have nit done anything unlawful by refusing to refund you, if they did and you still wanted a refund then you should have pressed for it and then advised them you will be taking the matter further
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