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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47902
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I bought a car from vauxhalls last april brand new driving

Customer Question

I bought a car from vauxhalls last april brand new for my driving school and its giving me problems. The first poblem is that the stop start system will only work when the lights are on it never works when the lights are of. I have taken the car back at least six times and they cant fix it. The other problem is the power steering shuts of after doing a few manoeuvres. I took the car back and they told me it should have been fitted with an uprated steering rack for a driving school car.They knew what I was using my car for but didn't fit the uprated steering and tell me it cant be fitted now it has to be fitted in the factory when the car is being built. This has cost me over a thousand pounds in lost earnings plus getting me a bad reputation as have to keep taking the car back. I have asked them to exchange the car for one that is fit for purpose but they refused. They did offer me part exchange but that cost me another four thousand pounds. This just dont seem fair to me could you please tell me where I stand
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello what are you ideally hoping to achieve?
Customer: replied 1 year ago.
To exchange the car for one with the uprated steering rack and a stop start system that works
Customer: replied 1 year ago.
Will I get a answer today
Expert:  Ben Jones replied 1 year ago.
Yes sorry my connection dropped earlier. In general, the Sale of Goods Act may not apply to you because this was a business to business purchase – you did not buy the car as a consumer. If you were a consumer you would have automatic protection and can hold the seller responsible if the car is not fit for purpose, of satisfactory quality or as described. However, businesses can choose to disapply the protection offered under the SGA when they deal with another business so the first thing you should do is check the sale documentation to see if they said they would remove the protection under the SGA. If there was no such statement, then you can still try and argue that the SGA applies and you get the usual protection where you can claim that the car is not as described and not fit for purpose. As you would only be able to reject the car for a refund within the first month or so, you would be too late to do this now and all you can ask for is a repair or replacement. So they should still issue you with a replacement, not a part exchange which would end up costing you additional money. So as you appear to be too late to reject the goods, you can still try and resolve this by contacting the seller and asking them for a repair or replacement. You can quote the applicable laws and rules 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 start legal proceedings to seek compensation for your losses. However, remember that is on the presumption that the SGA has not been removed from the business contract between you. This is your basic legal position. I have more detailed advice for you in terms of the exact steps you need to follow if you decide to take this matter 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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Expert:  Ben Jones replied 1 year ago.
Thank you. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. 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 party at fault to voluntarily settle this matter.
2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably 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 pursue the compensation due. 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 other side 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.