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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47342
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I asked a question of Ben this morning, 21st., and I

Customer Question

Hello, I asked a question of Ben this morning, 21st., and I paid £47. An answer was promised for this afternoon but none has arrived. I don't seem to be able to get any reply. Peter ***********

Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, I replied this afternoon as promised on the original question, which you can access here: http://professional.justanswer.com/chat/index/720fa02e24c44ef683b2e3d0db7a1527
Customer: replied 1 year ago.
Hello Ben,Your access link doesn't work. Says access is denied.
Expert:  Ben Jones replied 1 year ago.
have you tried to login to access it - it is on the page we were conversing on this morning
Customer: replied 1 year ago.
I can't hear well on phone. PLEASE send answer by email.
I've already paid £47 TWICEPeter Stevenson
Expert:  Ben Jones replied 1 year ago.
you do not have to pay twice, the answer is posted on the original page we corresponded this morning, can you not go back to that page - I can and can see that my response is on there
Expert:  Ben Jones replied 1 year ago.
Any luck?
Customer: replied 1 year ago.

No luck I'm afraid.

There is no obvious route back to the page used this morning and the link provided doesn't work.

Expert:  Ben Jones replied 1 year ago.
ok I can do this then - post it here and close the other question, refund you for it so you only pay once for this one
Expert:  Ben Jones replied 1 year ago.
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.The odometer will be the main issue here, the fuel consumption not so much. This is because the manufacturer’s figures have been obtained on a brand new car under certain test conditions and these are rarely replicated in real life. Even with a brand new car you are unlikely to get very near to these, it is just a matte of fact in the car industry. As to the service records, this is only an issue if it was advertised with full service history and the removal of these records created gaps in the service history. If there was no claim that it had FSH then this would not be a factor you can rely on here.Anyhow, 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. You are still within the initial month so can return it regardless of what the contract said.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 formal steps you can take if they refuse to resolve this, 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
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