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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47889
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I purchased a vehicle on 22 October 15 from Available

Customer Question

Hello
I purchased a vehicle on 22 October 15 from Available Car, since then the car has had to be returned three times due to faults and major works have been carried out, out of the 3months of me owning the vehicle they have had it in their workshop for nearly 1 month of that time.
I have asked them for either my money back or a different car, can I do this?
Thank you
Joanne
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Have they told you what they are prepared to do in the circumstances?
Customer: replied 1 year ago.
They have no loan car available for me which is covered in my warranty with them, they said they have had to arrange for the head workshop manager to take a look before they can do anything
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. 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. So yes you may certainly ask for a replacement car, or even your money back, although they could dig their heels in for the refund so if that happens you should try and get a replacement instead as that can certainly be something you are entitled to at this stage. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
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Customer: replied 1 year ago.
Thank you Ben
The car was ok when I purchased it and I found no problems, but first fault occurred one month after I had purchased it so how does this effect me?
Expert:  Ben Jones replied 1 year ago.
It would not change your rights as mentioned earlier. 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.
Customer: replied 1 year ago.
Thank you
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best
Customer: replied 1 year ago.
Does it make a different if its a used car, it is an 11 plate Audi and I paid £11k for it
Expert:  Ben Jones replied 1 year ago.
Not at all, this covers used items as well as new ones
Customer: replied 1 year ago.
Thank you Ben
Expert:  Ben Jones replied 1 year ago.
No problem