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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44933
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I bought a new car in 2015 from a Toyota dealership in Cambridge.

Customer Question

I bought a new car in 2015 from a Toyota dealership in Cambridge. From day one I had issues with it but was fobbed off and the main complaint was poor mpg (hybrid car published as 74.6mpg -expected 55-60mpg) The car failed on me in October 2015 and was told manifold inlet pipes were loose. Car failed on me again with catastrophic engine failure last week only to be told the ECU has failed due to external tampering (me)
This now turning into a major headache for me as I face thousands of pounds repair bill for something I have supposed to have done but have been no where near the engine bay and now need legal help!
Submitted: 7 months ago.
Category: Law
Expert:  Ben Jones replied 7 months ago.
Hello when exactly did you buy the car?
Customer: replied 7 months ago.
The car was purchased brand new on the 1st August 2015
Expert:  Ben Jones replied 7 months ago.
Thanks for getting back to me. When a person buys a second-hand vehicle from a dealer they will have certain rights under consumer laws.First of all, the following business practices are deemed unfair if they prompted you to make a decision to buy the car in question:
• Giving false information about the vehicle or deceiving the buyer through false advertising
• Giving insufficient information to the buyer, for example leaving out important information about the condition of the carFailure to adhere to these rules will be unlawful and may even amount to a criminal offence so if you believe that the dealer acted in contravention of these rules you can bring this up with them when you contact them about this.Your other rights state that 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.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, as in this case, 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.The main issue here is that after the initial 6 months from purchase, it is up to you to prove that the car did not conform to the statutory requirements mentioned above. It may meN getting the opinion of independent mechanics who can confirm that it is likely the car was sold in this condition.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 you have to pursue the dealer for compensation, 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
Customer: replied 7 months ago.
Hi thanks for this information but is not really relevant as I stated that the car was new not second hand and the crux of my complaint has been poor mpg compared with published data (74.6mpg but getting 44mpg average) but also the car has failed on me twice with latter now being accused of tampering with car (not) and now facing a bill of £1,000+ but trying to apportion blame on AA who recovered the car as either their technician broke the ECU computer or malicious damage was caused by the dealership as I have been moaning a lot to them??
Expert:  Ben Jones replied 7 months ago.
Hello, these right apply whether the car was new or second hand - they apply if you buy an item from a business seller and in most cases the item will be brand new, such as if you bought something from a shop. In terms of the mpg data, unfortunately that is all too common - you are unlikely to ever get the advertised mpg because these have been calculated under test conditions so unless you replicate the same driving style and conditions as in the tests you are unlikely to match these figures - this is nothing out of the ordinary and it is a common occurrence in car advertising. In any event your rights in pursuing this are really limited to one option which I can discuss further with you as required
Expert:  Ben Jones replied 7 months 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

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