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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48761
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Bought a second hand car yesterday for £1395. It broke down

Resolved Question:

Bought a second hand car yesterday for £1395. It broke down whilst driving home. AA came out this morning and said it was the cylinder head gasket that had failed. Expensive to repair. What are my rights? Do I have to let the garage carry out repair or can I ask for my money back?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. Did you buy from a dealer or private seller?
Customer: replied 2 years ago.
a dealer
Expert:  Ben Jones replied 2 years ago.
Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. 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 2 years ago.
Many thanks for your patience. 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.
A useful rule is that if a fault appears within the first 6 months after purchase, the law assumes that they did not meet the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the fault occurs more than 6 months after purchase, it would be down to the consumer to prove that they did not meet the statutory requirements set out above at the time of sale.
As there is still time to reject the goods and request a refund, you may do so. 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 steps you have to follow should they refuse to do this and you want to take it further, 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
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