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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47368
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I recently bought a used car at auction that was listed as

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I recently bought a used car at auction that was listed as having PAS but when I drove it, it did not appear to have PAS. I took the car to the main dealership to & they confirmed no PAS is fitted. What are my rights please? Ray *****
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. When did you buy the car?
Customer: replied 1 year ago.
16/3/16
Expert:  Ben Jones replied 1 year ago.
Ok thanks leave it with me please need to check the specific laws about this so will reply later this afternoon thanks
Customer: replied 1 year ago.
OK
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. There are three ways in which you would usually buy a used car – from a dealer, from a private seller or from an auction. Unfortunately, buying from an auction gives you the least amount of legal rights out of the three. The main piece of legislation, the Consumer Rights Act, gives you the right to expect a used car to be as described, of satisfactory quality and fit for purpose. However, auction houses are allowed to exclude these requirements if they put a notice on display in the catalogue or on the wall. So they could do this by saying the cars are sold as seen. You would then have to endure that you are satisfied with the car and what was promised because once you buy it you would not be able to challenge it. This means you should have satisfied yourself at time of purchase that there was PAS. So you need to check the auction house conditions of sale to see if they excluded the consumer laws or were advertised as sold as seen as that will determine your rights. This is your basic legal position. I have more detailed advice for you in terms of the rights you have in the event that the consumer laws were not excluded, 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, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.
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Expert:  Ben Jones replied 1 year ago.
Thank you. Assuming that the exclusions I mentioned did not apply, as you are outside of the initial 30 days and are too late to reject them, you can still try and resolve this by contacting the seller and asking them for a repair or replacement. You can quote the applicable rights you have under the consumer laws 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. 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.