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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46797
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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There, Sorry to bother you or get you bored with this long

Resolved Question:

Hi there,
Sorry to bother you or get you bored with this long story but i will like you to know everything before i can get an answer. I bought a car less then two months ago. The car they were advertising was an audi a8 long wheel base with heated seats so on so i went to buy it. I went for a test drive everything seem to be ok. I even asked the individual what happens if the car brakedown and he told me to relax because im covered by warranty. At no given time i was offered a warranty package to choose from or sign for.On good will i bought it. Now after 1 mounth and a half a very important part stoped working, its not something that you can see it on a test drive or open eye. I took the car to a garage to fix it without knowing what is wrong with it. That was the momment i found out that my car is not a long wheel base it does not have heated seats so i think they advertise something and sold me something else. When it went down for repairs the audi specialist told me that this is a complicated job that not everybody can do it and is quote expensive,it needs genuine parts if you want to last,it needs to be coded properly by qualified audi specialist. Then he tells me that he will ring audi see if they gonna but some money twords repair because the millage was low, audi said that millage is low but age is high. After this garage i took car for repair calls me and asks me about warranty, i told them that i should have but let me double check so i call the traderi bought my car from and asked about warranty. Theyre answer was not yes or no, they first asked me what broke down. After i told them they said i have warranty, they send it to my email and i forword it to the garage where my car was. They call me back straight away and ask me if im ok for them to contact the trader. After a couple of minutes they ring back and say that the trader refuse to put any money twords repair and that the warrant company needs to be contacted to see if i am eligible for up to £250 claim because i didnt choose the better warranty pack(bare in mind i havent been offered one) now not even after 5 minutes trader calls me and start saying that it would be a good idee to bring my car to them (they are 35miles away from me) on my own cost so they can check what is wrong because they have a mechanic and they might fix it for cheeper because they can get trade prices not retail...when i was starting to explain to him how important is that part to be genuine and coded by specialist he had no ideea what i am talking about(i had no ideea either but i was just saying exactly what i have been told by specialist). At one point i told him that i will look for legal advice and funny enough he chanched his tune and said that his boss will call me. He called me but i couldnt answer because i had to fly out of country for a funeral. Now i am back and i am looking for answers and advices. Should i close my eyes,repair it and let it be or there is any good chance they will cover if not the entire bill at least half of it or the parts.
Kind regards,
Adrian
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. Have you spoken to the boss since you returned from your trip?
Customer: replied 1 year ago.
When i can call him he is not answering due to the fact im working only night shift and we are very busy at work. For me to wake up in the middle of the day will result in being tired at work, a fact that i cant afford. If lets say i will get in contact and he will refuse to put some money twords repair what will happen then?
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. 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.
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.
If you had to pay for the repairs yourself then you could pursue them for these costs through the Small Claims Court, which you can do online via www.moneyclaim.gov.uk.
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, UK Lawyer
Category: Law
Satisfied Customers: 46797
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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