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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48172
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am looking lawyer who can help me reject a used car

Customer Question

i am looking for a lawyer who can help me reject a used car purchase in england using the new 2015 consumer rights act
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today.
-Could you explain your situation a little more?
Customer: replied 1 year ago.
I purchased a car on the 5th of October form a dealer, and the car has faults. The first fault has been diagnosed by a main dealer and is £1050 to fix. Two other faults have yet to be diagnosed. I have rejected the car, but the dealer only wants to fix it. I have been told by citizens advice that under the new act I can reject the car within 30 days. I did this
Customer: replied 1 year ago.
can I ask how long it takes to get a response? Thanks
Expert:  Ben Jones replied 1 year ago.
When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Consumer Rights Act 2015. The law states that the goods must be:· of satisfactory quality – they must not be faulty or damaged when you receive them;· as described – they must match any description given to you at the time of purchase; and· fit for purpose – they should be fit for the purpose they are supplied for, If they do not match the above requirements, you will have certain legal remedies against the seller. Your rights will not be against the manufacturer as they will only be responsible if there was a manufacturer’s warranty or guarantee with the goods. Also note that there is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods. If the goods do not meet the criteria mentioned above, you will have the following rights: 1. Reject them and request a refund - this is only possible if the rejection occurs within 30 days of purchase. 2. Ask for a repair or replacement – if you are too late to reject the goods or do not wish to get a refund straight away, you can ask the seller for a repair or replacement. If a repair has been arranged but has failed, or if a repair or replacement are not possible, you are still entitled to ask for a refund, or a price reduction. Alternatively you could get a second repair or replacement at no extra cost to you. However, the retailer can refuse if they can show that your choice is disproportionately expensive compared to the alternative. As you are still within the first 30 days after purchase, you may reject the car for a refund. You can quote the applicable rights you have under the Consumer Rights Act as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses. This is your basic legal position. I have more detailed advice for you in terms of the next steps you need to take if you were to pursue more formal legal action, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks for the above which confirm what I knew. I am looking for a lawyer to represent me and start proceedings
Customer: replied 1 year ago.
confirms
Customer: replied 1 year ago.
Can you do this or do you only offer online advice
Expert:  Ben Jones replied 1 year ago.
I would advise against using a layer for this - the fees you are likely to spend will outweigh the potential returns and you cannot claim these back from the dealer. So it is best to pursue this yourself as it will likely go to the Small Claims Court which is designed for individual and unrepresented claimants like yourself. As far as our help goes I am afraid we only offer online advice. If you decide to pursue this yourself, then whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. In this case the debt would be the value of the car which was faulty and they have refused to accept back, or repair costs if you decided to keep and repair it. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due. 2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far. Hope this helps.
Customer: replied 1 year ago.
Thanks for your help. As the car is £24K, then small claims court is not an option
Customer: replied 1 year ago.
One last question. Would Trading Statdard be interested, and what would they do? Thanks
Expert:  Ben Jones replied 1 year ago.
Ah ok at £24k it won't be small claims, you are right. Trading Standards could be interested but it can be somewhat hit and miss with them. They could fine the dealer or order them to act but in the end if they keep refusing then you may have to go to court to resolve this.
Customer: replied 1 year ago.
So can I still do this myself as it is not small claims?
Expert:  Ben Jones replied 1 year ago.
Yes certainly
Customer: replied 1 year ago.
Thanks for your help
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best