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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45339
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We have purchased a car from a trader with some faults. We

Resolved Question:

we have purchased a car from a trader with some faults. We have given him two tries at repairs without success. he will not accept us rejecting it. we have had the car 8 weeks. but two weeks of this it has been back in the garage. it has come back from repair still with the same fault and now with some new ones
Submitted: 8 months ago.
Category: Law
Expert:  Ben Jones replied 8 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 8 months ago.

Please can you tell me whether the trader offered a warranty with the purchase, if so please can you provide me with a brief outline of the warranty details. Thank you.

Customer: replied 8 months ago.
Hi Ben, yes there was a 3 month warranty with warranty wise. however the conditions of this warranty mean it is worthless. they will only pay £35 per hour labour no local garages will entertain this (local VW garage is 3 times this)
Customer: replied 8 months ago.
the trader has actually claimed under his own warranty scheme for the attempted repairs so far
Expert:  Ben Jones replied 8 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get

back to you as soon as I can. Please do not respond to this message as it will just push your

question to the back of the queue and you may experience unnecessary delays. Thank you

Expert:  Ben Jones replied 8 months ago.

Many 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.

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 formal steps you need to take in order to take the matter 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

Expert:  Ben Jones replied 8 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

Expert:  Ben Jones replied 8 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

Customer: replied 8 months ago.
Hi, Well you have basically told me how the consumers rights law stands. What I could do with is knowing if i have enough of a case to try and push this through the court as the trader has already indicated he will not accept us rejecting the car
Expert:  Ben Jones replied 8 months ago.

yes you certainly can, I have given you the consumer laws to show you that in the circumstances you would be able to challenge the seller because you have been sold a car that is not of satisfactory quality and the attempted repairs have not been successful, you have even ended up with ore faults on the car. So if you wish me to discuss the next steps you nee to take then I will be happy to do so.

Expert:  Ben Jones replied 8 months ago.

Hello, do you want to proceed further or do you wish me to close the quesiton? Thanks

Customer: replied 8 months ago.
can you give us an idea of how long it will take to push this through the courts?
Expert:  Ben Jones replied 8 months ago.

Would be happy to continue our discussion in more detail, please kindly leave a positive rating for the responses so far and I will be happy to discuss your queries in more detail, thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45339
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Law Specialists are ready to help you
Expert:  Ben Jones replied 7 months ago.

Thank you. If you decide to take this through the courts then how long this would take will depend on a number of factors. First of all how busy the court this goes in is. Some courts have considerable backlogs of a few weeks so your claim could just end up in a queue and be heard when there is availability. I would say that as a general rule expect at least a few months for a claim to be pushed through, it is very rare for things to be heard in a matter of weeks, although it can happen. You may wish to contact your local court to enquire about the current delays and how long they expect for it to come through to a hearing.

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