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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70197
Experience:  Over 5 years in practice
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I bought a used car a little over6 months ago, when I bought

Resolved Question:

I bought a used car a little over6 months ago, when I bought it it had a fault which the garage said they had put right, I'm now having to spend around £600 to put this right, what can I do?
Thanks
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 old it is please?
Customer: replied 1 year ago.
The car is a 2006 (55) BMW 525d
Expert:  Jo C. replied 1 year ago.
Ok. How much did you pay for it?
Customer: replied 1 year ago.
£6695
Expert:  Jo C. replied 1 year ago.
OK. Is it back with the same garage now?
Customer: replied 1 year ago.
No, I've taken it to an independent bmw specialist who is also a friend of mine as I didn't trust to give them the car back, I've not yet approached the garage from where I bought the car, I wanted some advice first
Expert:  Jo C. replied 1 year ago.
That would make a difference.
Is it too late to take it back there?
Customer: replied 1 year ago.
Yes as I've already paid for work to be done, this problem was supposed to have been repaired by them 6 months ago and quite clearly hasn't been, they had the car over a week
Expert:  Jo C. replied 1 year ago.
That is going to be a problem.
Clearly, this is a vehicle covered by the Sale of Goods Act. Therefore, it should have been fit for purpose. It is a reasonably new car and you paid a fair sum for it. A fault this quickly would offend. Since you did complain within the first six months of the initial fault it would be possible to argue that the presumptions apply that it was there at the time of sale.
The problem that you may have is that they were entitled to a reasonable attempt to repair it and one repair some months ago is not likely to be sufficient.
You could try to argue that you had lost faith in their ability to repair it but that is a high test.
You may be lucky as they may well just pay. Whichever way you look at it, they are liable for something even if it is only what it would have cost them to repair.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
That's great, thanks for all your help
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
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