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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46208
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I purchased a new car in September 2015. The car was

Customer Question

I purchased a new car in September 2015. The car was delivered in November 2015 and we began paying for it on a PCP finance deal. The car was damaged being taken off of the transporter. As a result, a new car was ordered. We continued to drive the damaged car (and pay for it) until the new car arrived.
When the new car arrived, a new finance deal was started with a revised end date. The new car had an option (parking sensors) missing as a result of a mistake by the dealership. In an email exchange, the dealer agreed to order a new version of the car to the right specification and that the finance deal would be rest to the same terms as the original deal that we signed. This is captured in an email chain.
Before the dealer could order the car, the car company announced a mid range enhancement. This meant that a revised version of the car could not be ordered - and only a new version of the car could be ordered. There is an acceptable specification of the new car that would give us what we would need.
The person at the dealership (Head of Sales) that we agreed this with has since left the organisation. The new person we are dealing with is trying to offer 'alternative' solutions that we do not believe are satisfactory.
As a result are we legally able to either:
a) Reject the car as not being to specification? If so can we expect a full refund?
b) Hold the dealership to their original commitment to order a new car which would have to be of the new range type. We have emails that indicate that this would happen (although there may be an impact to the balloon payment cost).
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.

Customer: replied 8 months ago.
Hi Ben
Expert:  Ben Jones replied 8 months ago.

Hi there. Have you had any discussions with the finance company about the alternative car?

Customer: replied 8 months ago.
Not directly no - its Audi's own finance
Customer: replied 8 months ago.
the conversations have all been via the dealer
Expert:  Ben Jones replied 8 months ago.

I see. OK well I will go ahead and review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions 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 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 you would be arguing that the car is not as described because it does not meet the original specification.

If the goods do not meet the criteria mentioned above, 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. However, in the circumstances you can argue that this time limit should start to run from the date you receive the car.

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. If a repair has been arranged but has failed, or if a repair or replacement are not possible, you are still entitled to ask for a refund, or a price reduction. Alternatively you could get a second repair or 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.

If there is still time to reject the goods and request a refund, you may do so. If you are outside of the initial 30 days and are too late to reject them or do not wish to do so, you can still try and resolve this by contacting the seller and asking them for a repair or replacement. 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 is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should they refuse to cooperate, 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Customer: replied 8 months ago.
Hi Ben,I'd just like to clarify a couple of things so I can go back to them as you advised.It is now past the 30 days. However, I raised the issue immediately on receipt of the car and only did not reject at that stage as it was agreed that a new car would be ordered. Does the fact there was an initial agreement within 30 days have any bearing?Secondly, is the email commitment to order the new car binding? In my last conversation they've implied they may not stand by it so I'm keen to know if I have the law on my side if I insist.Thanks
Expert:  Ben Jones replied 8 months ago.

Hi, for a rejection to be valid it must actually be done within those initial 30 days after purchase. However, the email commitment to order a new car can be binding and you could use that against them. You may argue that it amounts to a binding contract because they have offered to order a new car and you have accepted that and these are elements required to create a valid contract. Hope this clarifies?

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.

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46208
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 4 other Law Specialists are ready to help you
Customer: replied 8 months ago.
Thanks Ben,I've gone back to them as you've suggested so will see what they say and whether that resolves it.
Expert:  Ben Jones replied 8 months ago.

Thanks and you are welcomex

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