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Do you have details of the original advertisement?
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Hi there, when a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Consumer Rights Act 2015. The law states that the goods must be:
· of satisfactory quality – they must not be faulty or damaged when you receive them;
· as described – they must match any description given to you at the time of purchase; and
· fit for purpose – they should be fit for the purpose they are supplied for,
If they do not match the above requirements, you will have certain legal remedies against the seller. In this case your argument is that the car was not as described as it did not match its description in the advert.
Therefore, you will have the following rights:
1. Reject them and request a refund - this is only possible if the rejection occurs within 30 days of purchase.
2. Ask for a repair or replacement – if you are too late to reject the goods or do not wish to get a refund straight away, you can ask the seller for a repair or replacement. A repair here could be cutting a second key and providing that to you. Alternatively you could get a replacement at no extra cost to you. However, the retailer can refuse if they can show that your choice is disproportionately expensive compared to the alternative.
A useful rule is that if an issue appears within the first 6 months after purchase, the law assumes that the item did not meet the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the fault occurs more than 6 months after purchase, it would be down to the consumer to prove that they did not meet the statutory requirements set out above at the time of sale.
You should still try and resolve this by contacting the seller and asking them for a replacement key. You can quote the applicable rights you have under the Consumer Rights Act as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses. This could indeed be done in the small claims court and you will be seeking the costs for getting a replacement key done.
If you do not have the car advert then there is not much you can do about it so the description you have to rely on would be your own recollection of what was advertised. The issue with that is it effectively becomes your word against the seller’s and there is a chance the court would believe them instead of you, even if you were telling the truth. So this would be the main risk but it certainly does not prevent you from taking this further if you wanted to.