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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I am a Part-time trader who sold a car to a customer on

Customer Question

Hi, I am a Part-time trader who sold a car to a customer on the 9th May 2015 for £795 - this vehicle is 13 years old (2002) - on the 1st July the customer has called me to advise the vehicle is not "fit for purpose" and is demanding a full refund - The customer has advised me she has been to a garage (friend) and they have repaired the vehicle - I have requested proof of this but the customer cannot provide any evidence to substantiate. I have called the garage myself & the friend is on holiday for a week & his colleague is unable to confirm the vehicle ever being there. I have been to see the customer yesterday at their address & was shown the defective part (cost of which is approx £8 & that I can fit myself) - I have ordered this part & it will arrive by Wednesday & I have offered to go & fit it myself, which will allow the car to be driven.
I am now being harrassed by continual texting & phone calls demanding a full refund and that the customer will be leaving the vehicle on my property without my consent.
I do not want to carry out any repairs to the car until the customer can verify any previous repairs by the said garage. I believe it maybe possible that the defect may have been caused by the said garage during attempts to repair another fault.
How do I stand with the vehicle being abandoned on my drive please and how shall I proceed.
Many Thanks
Tony
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
It is quite unlikely that a full refund would be due. Obviously you are under an obligation to offer a remedy if indeed there is a fault.
'Fit for purpose' does not mean perfect. It means reasonably good with reference to the price paid, the age and history. This is a car over ten years old that is going to have some faults. Everybody seems to accept that there is something wrong with this vehicle. A full refund is not realistic if you are offering to repair and that can be done easily.
She might well return the vehicle to you. If it is registered to her then you can always just push it onto public road and leave it lawfully parked and secured.
Just invite her to sue and defend on the basis that she hasn't given you reasonable time to repair it.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Hi

Thanks very much for your prompt reply.

Just to clarify if the vehicle is in fact left on my property should I just remove it to a place of safety or do the actual repair and return the vehicle to the customers property.

Many Thanks

Tony

Expert:  Jo C. replied 1 year ago.
I wouldn't do anything until you have got to the bottom of the cause of the issue. I would wait until you speak to the garage.
In principle doing the repair is a good idea thereafter. You can return it to her. The trouble is that could go on forever with her returning it to you and there is no point in that. If she returns it thereafter then just leave it on a public road lawfully parked for her.

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