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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I brought a second hand truck from a car dealer (40 miles

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hi i brought a second hand truck from a car dealer (40 miles from where i live), with the Truck came a new MOT and a service it also stated that it has 3 month warranty. i paid £5000 for it.when i got the truck home i found that the spare Tyre was being held on with cable ties. i cut the cable ties of to find that the carrier that holds the spare tyre was also broken. i took the spare tyre to my nearest garage for them to have a look at and as soon as they look at it they condemned it as there was a crack in the alloy. i rang the dealer to let him know and he was ok about it and said that he will sort it out.
the next day i took my truck to work as im self employed as a gardener (very happy) and drove it home, however when i got home oil was leaking from underneath the engine with this i stopped using it. i tried to ring the dealer but got no answer this went on for 2 weeks. i had an emergency where i had to drive 600 miles to go see a friend so i used the truck knowing that it had this leak. but i stop every 60 miles to make sure the vehicle still had oil it.
i have got hold of the dealer after 3 weeks of no work and losing customers everyday. he said that he would come and pick it up or i can take it to my local garage so i took it to my local garage to get a quote for the repairs which came to £850 the local garage has advised not to drive to the truck as it could damage the engine. the dealer has refused to pay the quote and has refused to pick the truck up. what can i do???
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. How long ago did you purchase the truck and how far away is the dealer?
Customer: replied 2 years ago.

hi Jenny'

i brought the truck on the 9th june 2015 the dealer lives 40 miles away

Expert:  Jenny replied 2 years ago.
You are within your rights under the Sale of Goods and Services Act to reject the vehicle.
You should do so immediately and in writing. If the vehicle is not drivable then the dealer should arrange for it to be towed to the garage. If he will not then I suggest you take a letter to him, along with the keys, stating that you reject the vehicle stating where the vehicle is for him to collect it, and stating that if you do not receive a full refund you will issue a claim under the Sale of Goods Act 1979. You should say that if you do not receive the refund within 7 days you will claim.
Hopefully this will lead him to refund you immediately.
If it does not you can issue a claim on line at www.moneyclaim.gov.uk
Make sure you put all of the facts on the claim form including that it is a claim under the Sale of Goods Act.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 2 years ago.

if i don't want to reject the vehicle and just want to get it repaired where do i stand??

Expert:  Jenny replied 2 years ago.
Ok I assumed that you would want to reject it given the extent of the issues!
You do have a legal right to repair under the Act. You can write in the same way to say that either they can repair it or if they will not you will have it repaired and send them the invoice.
If they refuse to pay then you can bring a claim under the Act in the same way.
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