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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47612
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I bought a car less than three months ago, the car since buying

Customer Question

I bought a car less than three months ago, the car since buying it has had a number of different issues which have been fixed by the company I bought it from. Now the clutch has gone, which when I was on a test drive, I mentioned it seemed a bit difficult to get in 1st gear now and again. I was told off the sales guy all their car are checked and its nothing to worry about. They have stated they will as a gesture of goodwill go 50/50 of the cost of a new clutch and fitting. I have read that I can return a car within 6 months of purchase if I am not happy. I am not happy as there has been problem after problem, and now this has happened and they want me to pay half that is £275. I am wondering where I legally stand with this matter.
Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. When did you first report the issues to the dealer?
Customer: replied 1 year ago.
Regarding the clutch, or the issues I 1st had?
Expert:  Ben Jones replied 1 year ago.
The first time the problems occurred?
Customer: replied 1 year ago.
Hi Ben, The initial issues with the engine management light where reported to them within 2 weeks of having the car.thanks
Expert:  Ben Jones replied 1 year ago.
It is not actually correct to say that you have six months in which to return the car after purchase. I will try and explain your rights in a little bit more detail below.
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. The 6 months you refer to is an assumption that if there was something wrong with the car in the first 6 months after purchase then it is for the seller to prove that it was not due to something present at tone of 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 trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks for that Ben.
Expert:  Ben Jones replied 1 year ago.
You are welcome all the best