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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Need advice on problematic 2nd had car purchase - key issues 1

Customer Question

need advice on problematic 2nd had car purchase - key issues
1 - fault reported in 2nd month - not fixed at first attempt (denied they existed until i presented a report from another garage)
2 - car was advertised as mfr approved - then turns out that it wasn't. I became aware of this after i went to look at it but BEFORE i bought it. therefore not clear cut - but still logically this was misrepresentation
3 - recurring problem with suspension and car off road 58 days of the 127 days i have owned it
4 - as advertised as "mfr approved" dealer cannot possibly argue its suffering wear and tear to be expected of an old car
want to keep the car as have so much time and money invested (new tyres etc) want to get some compensation
2 avenues to this
a - the general inconvenience - the compensation of this is proportionate to my loss - ie a lot but pretty hard to quantify
b - under misrepreseantion the comp can be up to the value of the car - but was it misrepresented
costs from you for your assistance please and next step
needs a consumer rights lawyer
thanks T
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
How can I help with this please?
Customer: replied 1 year ago.
whats next step to get compensationi have a full time line of problem and also copy of all email communications with garageT
Expert:  Jo C. replied 1 year ago.
What specific financial loss have you suffered? I'm just offline for about an hour but I will pick up at the other side.
Customer: replied 1 year ago.
hard to quantify thats the problem but what about
1 - my wife needing to drive me to and from train station each day
2 - general hassle of being wiothout a car*****tax and insurance totally unnecessary
but
4 - isn't the real issue that this is the first of the 31 banned practices under the 2008 consumer rights law (namely Schedule 1 to the CPRs lists 31 commercial practices
which are considered unfair in all circumstances and which
are prohibited.8
There is no need to consider the likely effect
on consumers. The text that follows lists these banned
practices and provides some illustrative examples in italicised
text. Breaches of these provisions may also breach the other
prohibitions in the CPRs.
(1) Claiming to be a signatory to a code of conduct when the
trader is not.
(2) Displaying a trust mark, quality mark or equivalent without
having obtained the necessary authorisation.
(3) Claiming that a code of conduct has an endorsement
from a public or other body which it does not have.
Expert:  Jo C. replied 1 year ago.
Ok. So have you suffered any financial loss?You can only claim for loss in the UK.
Customer: replied 1 year ago.
as above - isn't that financial lossalso ref the first of the banned practices specifixally named in 2008 consumer protection law?
Expert:  Jo C. replied 1 year ago.
No, I am sorry.You do have a claim against the seller as clearly there are faults. The correct remember would be a repair. If they are refusing a repair or not acting expeditiously then you do have the right to get it repaired elsewhere and sue them for the cost but that hasn't happened yet.In relation to the second complaint, that is potentially a misrepresentation but all that would entitle you to claim is the diminution value between the price you paid and the sum it would have been worth had the truth been known.You do not have a claim for further compensation in addition to that or actually consequential losses at all.Sorry if that is bad news.Can I clarify anything for you?Jo
Customer: replied 1 year ago.
i am pretty sure that this is not the case regarding the 31 named banned offencesin these instances the law is punitive against traders and the compensation paid is measured in 25% increments up to and including the cost of the item its nothing to do with the consumers loss these are punitive measures put in place to aggressively deter sharp practiceam i incorrect in this
Expert:  Jo C. replied 1 year ago.
You do not have a claim for compensation in addition to your loss.
Customer: replied 1 year ago.
doesn't this apply as the goods were mis-representedRIGHT TO A DISCOUNT
This right applies where the right to unwind has been lost. This may be
because of a delay in complaining or because the goods have been
fully consumed. For goods and services of less than £5,000 there is a
fixed-percentage discount ranging from 25% for minor issues to 100%
for very serious cases. Above £5,000, if the misleading or aggressive
practice led the consumer to pay more than the market price for the
product, the price is reduced to the market price. Otherwise, the fixedpercentage
discounts will still apply.
Expert:  Jo C. replied 1 year ago.
Well, as I've said, you have a claim for the diminution value.
Customer: replied 1 year ago.
josorry to be pedantic but that isn't the point of the 2008 cpr rulings - its not to do with dimunition of value its punitive to the trader using one of the 31can i confirm you have specific consumer law expertise as this case covers the 2008 rules which are specialist to this area
Expert:  Jo C. replied 1 year ago.
I'm really sorry but I don't think I can add anything. You are not going to be able to claim additional compensation to your loss.Opting out.
Customer: replied 1 year ago.
ok - i presume i am not charged for the above?
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.I see the expert has opted out. What else would you like to know?Alex