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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45343
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have purchased a pre owned car that from day had a rattle

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I have purchased a pre owned car that from day had a rattle it went back to the dealer he said its ok and that the rattle was a cable tie. on return of the vehicle I had a bump minor only spray the bumper but it took 10 weeks. on return of the vehicle the rattle was still there. the next day I had a problem starting the car, the engine management light came on I went to the main dealer who ran a diagnostic following me saying about the rattle (the garage I purchased the car from said they had run a and I bill of £15.00) they heard straight away on the road test. the garage have told me that the visco clutch is totally not functioning and the investors are damaged making the rattle noise. I have contacted the garage I git the car from they are saying the issue does not exist and I have to prove it was there when they sold me the car and are not willing to repair on my 3mth warranty. I have done only 1200 miles since purchase and most of that was then collecting the car and returning when I said about the rattle originally. what can I do ?
I have no warrenty paperwork though have requested it and was told there is a poster on the wall I should have read it. there web site says they do a 36PDI check but I have no paper work either of what this is.
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.
Hello how long ago did you purchase the car?
Customer: replied 11 months ago.
it was purchased on the 5th December 2015
Customer: replied 11 months ago.
5 December 2015
Customer: replied 11 months ago.
Ben ? can you help I have paid my £52
Expert:  Ben Jones replied 11 months 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 11 months ago.
Many thanks for your patience. When a person buys a second-hand vehicle from a dealer they will have certain rights under consumer laws. 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. 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. 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 the first month 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. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should this not be resolved and you need to consider 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, UK Lawyer
Category: Law
Satisfied Customers: 45343
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 11 months ago.
Many thanks. 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. 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.
Customer: replied 11 months ago.
Ben I will be sending g a letter later today. But I hold out little hope of the car being repaired as the garage refuse to accept my evidence going only on there garages report. What do I do if he refuses to repair. He has already charged me to return my car once saying no faults found when it's obvious there is. It will become an in pass. I the sits outside my house I can't use it it won't start as the fault has gone that far. I drove the car the fw days I have Since having it as they said it's OK.
Expert:  Ben Jones replied 11 months ago.
If they refuse to repair then you have a couple of options - you can repair it yourself by using a local garage and pursue them for the repair costs via the route I explained above. Or you could just try and pursue them for the value of the car without having to undertake the repairs. The only issue with that is you are legally too late to reject the car and ask for a refund so they are only required to issue a replacement or make the repairs, so you may have to consider doing the repairs and pursuing them for these costs

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