How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70215
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I bought a car from Edge Motors Church Village and found

Customer Question

Hi
I bought a car from Edge Motors Church Village and found fault with it within 1 day and took it back,asked for my money back and was told we do not think we can do that let us repair the fault I agreed, when I had the car back I reminded them that I had bought the car for a special reason to carry my small great grandchildren on holiday on the holiday faults again happened which could have been dangerous as the car lost power on the motorway I informed the car people straight away I have taken the car back again and told them that if the car is not fixed this tme I want my money back please help me in this situation
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.
How much did you pay and how old is it please?
Customer: replied 1 year ago.
£4900.002007
Customer: replied 1 year ago.
Jeep Custom 2 ltr desial
Customer: replied 1 year ago.
are you still there
Expert:  Jo C. replied 1 year ago.
So this is the second repair for the same fault?
Customer: replied 1 year ago.
yes also the temp gauge did not work,warning lights came on for the ABS I contacted Edge garage straight away from the sevices told that I could continue the holiday as these faults would not endanger the car the loss of power came as I was travelling with the children on board.I gave the Edge Garage a list of faults which they tell me they are sorting out they have had the car more than me since I bought it
Customer: replied 1 year ago.
I have just contacted the garage and they tell me that they hope to have the car fixed tomorrow as I have to go to Chesterfield on Saturday
Expert:  Jo C. replied 1 year ago.
Thank you.
I'm afraid that you will struggle to get a full refund at this stage.
Second-hand cars purchased from a dealer are subject to the sale of goods act but caselaw makes it clear that it has to be pretty much falling apart before a full refund is appropriate. In all other circumstances you have to give them a reasonable opportunity to repair the vehicle.
That doesn't mean that they are entitled to take for ever but actually they are acting quite quickly here. If it is the same faults then caselaw suggests that you have to give them three attempts at repair before your rights to demand a refund are triggered again under the sale of goods act and that since they are partway through a repair anyway I'm afraid that change your mind at this stage is not likely to succeed.
That doesn't mean that you could never secure refunds. If this repair and the subsequent repair fails then you would have a very good claim.
I'm very sorry but I have to give you truthful information.
Can I clarify anything or you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I mentioned to the garage that I had noticed that there was a oil smear inside the windscreen on the passenger side that ran down to the bottom and that it should be fixed but I have not had a answer to this problem yet where do I stand with this problem that I have informed them of, I have managed to get a 1 year warranty from them which is not usual for a second hand car.
I understand what you have told me and that to get all my money back does not look good.
Expert:  Jo C. replied 1 year ago.
Not at this stage but if they fail again you probably would succeed.

Related Law Questions