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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3655
Experience:  Solicitors 2 years plus PQE
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I bought a car from a second hand car dealer. He gave me three

Customer Question

I bought a car from a second hand car dealer. He gave me three months warranty. A month lather the car broke down and the dealer told me to take it to a particular garage for repair. 5 weeks later and I still do not have my car back, they say they are trying to find out how to fix the problem.
Question is, can I get my money back from the dealer please
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
I am afraid you cannot demand your money back - under the Sale of Goods Act 1979, you have to give the dealer an opportunity to repair the vehicle. Further more the vehicle is warranted and therefore he has to make good the warranty. If they were to return your money that is at their discretion.
What I suggest you do is start by calling them one more time and give them one last chance to commit to repairing the car.
If they do not then I would write to them as follows:
- The time they are taking to repair the car under the warranty is thoroughly;
- Say you are now in a position where you may begin suffer loss as you will need to consider renting a car;
- Say if they do not repair the vehicle and return it forthwith you reserve the right to take the following action:
(I) HAve the car fixed by another mechanic;
(II) Recover this cost from them in the county court;
(III) Recover any other associated costs, including potentially renting another car;
(IV) Complaining to trading standards;
- If they still do not reply or fix the car:
www.tradingstandards.uk/ - You can complain to trading standards here;
https://www.moneyclaim.gov.uk/web/mcol/welcome - you can commence a court claim here.
If all you want is your money back, it may be worth asking them if they are prepared to do this, before this escalates into a dispute.
I look forward to hearing from you.
Kind regards
AJ
Alex J. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you for your promp reply. Your advice is very welcome

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