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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46743
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Trading standards issue - car Good morning, my husband and I were sold a car 12 months ag

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Trading standards issue - car
Good morning, my husband and I were sold a car 12 months ago by a garage. During the test drive my husband noticed that the speedo was faulty. We reported this at the time and were informed that a fuse had been changed and the problem fixed. We bought the car in good faith that this had been done. It had not. We were told by telephone by the garage that it should be a simple problem to fix. We took it to a mechanic who then advised that only a Renault garage could carry out the work. We then paid for a test by a Renault approved garage to be informed that the entire speedo component would have to be replaced at a cost of £540. My husband sent them a letter advising them we would be pursuing this through Trading Standards/legal route. They have offered £100 toward costs on the basis that the guarantee they offered did not cover the speedo. We were not informed of this at the time of purchase of course.
We have been driving a vehicle that does not accura
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. Why has it taken a year to pursue this matter?
Customer: replied 1 year ago.
My husband has been calling and has been consistently fobbed off by the salesman who sold the car. The salesmen to his credit was exploring whether he could get a part, looking at guarantee systems but all dead ends. My husband has not spoken directly to the garage owner.
Expert:  Ben Jones replied 1 year ago.
Thanks. I think your initial query was cut short, can you please check and provide the missing information. I am due in court shortly but will be out later this morning so will reply fully then, thanks
Customer: replied 1 year ago.
May we continue via writing after you return from court please Ben? Then I have a record to which I can refer to more easily.
Customer: replied 1 year ago.
We have been driving a vehicle that does not accurately reflect the speed at which we are travelling, therefore we would not be able to challenge a speeding offence.According to Police website:A vehicle's speedometer shall at all times it is used on a road be maintained in good working order. The only exceptions to this are when:the speedometer became defective during the journey being undertaken, or
steps have been taken to have the defect remedied by replacement or repair as soon as possible.As the car was sold to us by the garage with the assurance that the problem had been fixed, am I right in thinking that the vehicle they sold was not road legal, therefore not fit for purpose and that this is an issue for Trading Standards?
Customer: replied 1 year ago.
My husband is too busy to pursue this so I have taken it on. Before I contact the garage owner (my husband being far more polite than I am) I need to be clear on our rights.
Expert:  Ben Jones replied 1 year ago.
Thanks for your patience. 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 car Failure 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. So at this stage you are too late to reject this for a refund. If the buyer is too late to reject the vehicle, 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. 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. I understand you have already threatened them with TS, which is fine, but be aware that TS can be a bit hit and miss. Sometimes they will be helpful, other times not at all. So it may end up with you having to make a claim in the small claims court to pursue them for the value of the repairs that are needed. 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 take this to the small claims court, 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
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46743
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Dear Ben
Excellent answer, thank you very much. It confirms my understanding of the situation. I am more than happy to give a 5 star rating!
Kind regards
Penney
Expert:  Ben Jones replied 1 year ago.
Thank you. 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.

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