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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45327
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We bought a landrover defender vehicle from a garage through

Customer Question

We bought a landrover defender vehicle from a garage through contact on the internet .My husband travelled to see it and thought it was okay but didn’t really know .We had the defender delivered as the garage was 300 miles away , after it had had a service . We had it checked over a week after receiving it as it had a month’s warranty on it and we wanted to check that it was okay. It was found to have a clutch problem ,the seller refused that it could have anything wrong as it only has 27000 on the clock .We got another garage to look at it and the outcome was roughly the same but no one knows the extent of the problem until it is stripped down which is the expensive bit. We are not getting anywhere with the seller, he says he will fix it if we take it back to him .We need to know if he is liable for all costs of collection and return as well as fixing the problem as it was under warranty when we informed him or do we have to pay to get it to him? The vehicle is used for work and personally, it was brought through the company but financed personally. Can you please help as we don’t know where to go from here?
Submitted: 6 months ago.
Category: Law
Expert:  Ben Jones replied 6 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 6 months ago.

What were the conditions of the warranty?

Expert:  Ben Jones replied 6 months ago.

Hi there. Thank you for your live call request. I am in court today but please leave it with me and I will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 6 months ago.
The warranty was verbal with no details and his web site says warranty with every car .PVH Landrovers Middlesbrough
Expert:  Ben Jones replied 6 months ago.

OK thank you. I will get back to you at the earliest opportunity.

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45327
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 6 months ago.
is someone going to speak on this phone call or should I hang up .
Expert:  Ben Jones replied 6 months ago.

Hi there. I will get back to you after I have prepared my advice. I am in court today and will get back to you at the earliest opportunity. It is not possible to speak to now. Thanks.

Expert:  Ben Jones replied 6 months ago.

Hi there, just to clarify the written response and the phone call are entirely separate – someone did accept the call request and they should have called you but I have no idea of knowing who that is or I they did. So if there are any issues with the call side please contact customer services.

Going back to your query, he warranty may not be the best thing to rely on here as it was verbal and its terms are somewhat obscure. However, 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.

Customer: replied 6 months ago.
Thank you for your reply .We have tried everything even offering to get it stripped down to see what the problem is ,we said we would pay if there was no problem found but we know there is .This has been going on since March , I think it is time to get serious .
Expert:  Ben Jones replied 6 months ago.

Sadly you cannot force them to resolve this or to act in the way that they are expected, even by law. So if you have reached an impasse and they refuse to budge, you can consider taking the next steps. You will basically be seeking compensation for the repairs needed or for the depreciation of the value of the car as a result of these problems.

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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