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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I purchased a 2nd hand car from a car dealer in mid September

Customer Question

I purchased a 2nd hand car from a car dealer in mid September last year for £3500. I reported a water leak from the convertible roof for the past four months and i keeping getting delayed to when he will have someone look at it. He is considering trying to cover the seals in a lubricant as oppose to to replacing them which is whats required . In addition to this i reported a steering problem about 1 month ago which he doesn't want to know about. I went to an independent garage to evaluate the issue and they have said the issue is a steering column fault and will cost in excess of £500. He states that i had only two months warranty which was on my invoice when i paid? I like to understand what his obligations are and how to proceed with this? kind regards
Submitted: 8 months ago.
Category: Law
Expert:  Ash replied 8 months ago.
Hello my name is ***** ***** I will help you with this.Just to be clear, have you had this repaired?Did the vehicle come with a warranty?Alex
Customer: replied 8 months ago.
The car besides being very damp from the ingress water, is now not safe to drive due to a steering column issue which make the steering wheel loose and un responsive. Both of these jobs are unfixed. I bought the car from a car dealer and the receipt says 2 months warranty on it
Customer: replied 8 months ago.
It was also purchased in September before the change of sale of goods act and is less than 6 months ago
Expert:  Ash replied 8 months ago.
Have you had it repaired at all?
Customer: replied 8 months ago.
No, Both of these jobs are unfixed, I also had the independent garage asses the steering problem today, and with the water leak i have been waiting for him to arrange a time to try and fix the water problem by applying a lubricant on the seals.
Customer: replied 8 months ago.
what are his obligations as a motor trader.
Expert:  Ash replied 8 months ago.
It really depends on whether he sold this to you knowing of the faults. If you suspect he was selling dangerous vehicles then you need to report this to Trading Standards.As to whether you have a case, this is a tough one. On the one hand its second hand goods so the phrase is 'buyer beware'. Its out of warranty and you could have had it inspected before purchase.However on the other hand if it was faulty when you purchased you may have a claim for breach of contract on the repair.I dont think you can demand a refund given the length of time you have had this now but just cover cost of rectification. You need to write and set out your losses and request a refund of repair costs within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.Can I clarify anything for you about this today please?
Customer: replied 8 months ago.
Thanks, ***** ***** the car was sold through a car dealer [http://www.edwintaylorcars.co.uk/] the car was sold with no defects. I noticed it stated 2 months warranty however i thought motor traders had to offer 6 months? the water leak was reported verbally to him and he says he will have a look at it but i think i need to start defining a reasonable amount of time and however what period of time should given to verify if im satisfied? as this would be weather reliant. In regards ***** ***** steering issue this was only noted 3-4 weeks ago. So will this be covered under any sale of goods warranty ? i can write a letter but would the steering issue be his responsiblity or his he in his right to dismiss this? Kind regards
Expert:  Ash replied 8 months ago.
There is no law that says 6 months, its up to the dealer.You need write before you take it to Court. Its worth a try given the defective car
Expert:  Ash replied 8 months ago.
Can I clarify anything for you?Alex
Customer: replied 8 months ago.
hi taken from the aa automobile website it says
http://www.theaa.com/motoring_advice/car-buyers-guide/cbg_legalrights.htmlBetween 30 days and 6 months
If a fault comes to light after 30 days but before 6 months have passed then you are entitled to a repair, replacement or refund. It is assumed in law that the fault was present at the time of purchase unless the seller can prove otherwise. During this period, unless you have agreed otherwise, the seller (dealer) has only one opportunity to repair (or replace) the faulty vehicle after which, if they fail to repair it, you are entitled to a refund
Customer: replied 8 months ago.
hi just to clarify the car was purchased from a car dealer and not a private sale
Expert:  Ash replied 8 months ago.
Indeed. But its not black and white. It all depends on how much you paid, miles done, how old the vehicle. is.For example if you bought a car with 100k miles on the click 10 years old for £500 it wouldnt be the same standard is a car 2 years old with 10k miles and £20,000.So its not black and white. However I have given you the procedure above. If you paid on credit card then you may have a claim against the provider under S,75 of the Consumer Credit Act.
Expert:  Ash replied 8 months ago.
Does that clarify?Alex

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