How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48193
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I purchased a second hand car in Nov 2015. I was given a standard

Customer Question

I purchased a second hand car in Nov 2015. I was given a standard 3 month warranty. In Feb 2016 a major fault appeared with the transmission. I took it back to the dealership and they diagnosed no issue. Gradually over the past 2 months the problem has continued and as such now it is a major fault. I took it to a local garage and they have diagnosed a major gear box problem with around a £2k charge. The dealership I bought it form refuse to help. I have read the recent legislation around your statutory rights and I believe I have a strong case to ask them to refund me or fix the car at no charge. Please can you advise how I should proceed?
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. How much did the car cost?
Customer: replied 1 year ago.
I part exchanged it. We valued my part exchange (Mercedes) car at around £5k and I paid an extra £2.3k on top.
Expert:  Ben Jones replied 1 year ago.
are you able to show that the fault existed at the time of purchase?
Customer: replied 1 year ago.
No. It didn't appear to have one. It started about a month after purchasing it and then i took it to him in Feb. I believe that my standard rights are that if within the 1st 6 months, if I have a fault and take it to them. They fail to diagnose it. I can then take it to an independant garage, which I did, who have diagnosed the problem. I have gone back to them and told them and they are refusing to pay for it or accept any responsibility.
Expert:  Ben Jones replied 1 year ago.
ok leave it with me please I will reply on here soon, just have a meeting to go into first, thanks
Customer: replied 1 year ago.
Ok - thank-you. I would like to start a process ASAP please, depending on your advice.
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. You are going to be too late to reject the car for a refund now unfortunately. 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. This is your basic legal position. I have more detailed advice for you in terms of the eps you need to follow should you decide to take this further, 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 and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank-you Ben. I believe I have a case worth pursuing then? The fault became apparent within 2 months of the purchase and has left me with a nightmare obviously. I have had countless conversations with the garage and they have advised me to go to trading standards, they do not care. How do I get the full EPS from you as you state (not sure what that is?) and how do I go about contacting trading standards to get them to enforce or how does it work? I obviously would like to keep any legals costs to a minimum.
Expert:  Ben Jones replied 1 year ago.
Sorry, eps should have read steps, my typo. In terms of what to do next, TS can be contacted here (you search for your local office): http://www.tradingstandards.uk/advice/index.cfm#postcodesearchform As to legal action, this matter will go to the small claims court so the costs will be kept relatively low and you do not need legal representation. 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.