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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44867
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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10 months ago I purchased a second hand Jaguar (XFS) from a

Customer Question

10 months ago I purchased a second hand Jaguar (XFS) from a Jaguar approved dealer. It was 4 years old and had only covered 38000 miles.
But in this 10 months, I have visited the service side of the dealer 8 times for warranty work with each occasion being something different ie, roughly once a month since purchasing the vehicle, window latch, sensor monitor, water in fuel, warning light etc has shown up on my dash for investigation. However on this recent visit for more warranty work, I was told I would need new brakes in 1500 miles which when I first purchased the vehicle, I was told this work would be carried out but clearly it has not now. I did quote unfair trading regulations 2008 regulation 5+6 about misleading practises in its deceptive presentation and that the discussion prior to sale is covered within this and that the balance of probabilities would be sufficient to persuade a court that I was mislead/deceived in the purchase of this vehicle which if I had know it would be at a cost to me months down the line, I would have not purchased said vehicle. The business manger said it was my word against his.
Am I able under the amended sales of good act 1979 to say to the trader, this vehicle is of un satisfactory quality ie, 8 visits in 10 months for such a high priced, low mileage, superior vehicle is not deemed under law as satisfactory condition bearing in mind age, cost and spec of vehicle therefore I wish to reject the vehicle. OR under the same act, say to the trader, I wish to replace this vehicle as not only is it of un satisfactory quality, but you are in breach of the contract saying work would be carried out prior to purchase and that has now clearly not happened and I have zero faith in the vehicle due to the amount of work needed in 10 months to make it road worthy / satisfactory and now, it has not had work performed on it that was agreed in the initial sales consultation ie, main factors involving the purchase of this vehicle and also, what next is going to go wrong . how much more work is needed before I can use my vehicle for more than 1 month at a time and not return it for yet more warranty work.?!
Many thanks, john
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 initially bring these concerns to the dealer's attention?
Customer: replied 1 year ago.
Hi Ben,As soon as I had been told that the vehicle needed new brakes, I escalated my concerns then and since my vehicle has been fixed with its last warranty repair work, I have refused to take vehicle back from them
Expert:  Ben Jones replied 1 year ago.
When a person buys a second-hand vehicle from a dealer they will have certain rights under consumer laws.
First of all, 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 these 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.
Your other rights state 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.
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
Customer: replied 1 year ago.
Hi Ben,Thank you for your reply and one thing I am unsure of, is how to get in contact with trading standards ?
Every one I have spoken too so far says something different and each avenue I research upon, leads to a dead end.
Expert:  Ben Jones replied 1 year ago.
Yes it can be confusing. If you are complaining about an accredited trader you can lodge a complaint by calling 0345(###) ###-#### ***** can check if they are such a trader here: http://www.tradingstandards.uk/advice/index.cfm#postcodesearchform Otherwise it is done through Citizens Advice Bureau, you can locate your nearest one here: https://www.citizensadvice.org.uk/about-us/how-we-provide-advice/advice/ If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.

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