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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45393
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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2.5 weeks ago i purchased a second hand car BMW M3 costing

Customer Question

2.5 weeks ago i purchased a second hand car BMW M3 costing me £24,000 with 3 months warranty on engine and gearbox from a dealer 200miles away from my home. I was happy with my purchase and thought everything was ok but just to make sure i got my local BMW,Audi,Porsche specialist to give it a once over for me for them to come back and say there is a leak from my outbox (gearbox) sump. I have contacted the dealer and my garage i used has given him a price for the work to be done, he has since got back to me and said that it cannot be done under warranty as the warranty company they use are local to him which he them stipulates i would have to somehow get the car down to him if i wanted to go down that route alternatively he will fork the bill, but says that my local garage are to expensive to the prices he has got are £170 cheaper and said to save 'Me' bringing the car 200miles to get the warranty to do the job, i pay the £170 extra and get it done local to me? I don't see this being fair after spending a fortune on the car. I just want to know where i stand law wise.
Do i have to get the car back to the dealer and back home or is it his job to come collect the car pay for collection and delivery back to my home?
Submitted: 5 months ago.
Category: Law
Expert:  Ben Jones replied 5 months ago.

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

Customer: replied 5 months ago.
Hi Ben
Customer: replied 5 months ago.
Are you there?
Expert:  Ben Jones replied 5 months ago.

Hi there. Has he provided the name of the warranty company or do you have the details already? If so, please can you provide me with details of the warranty so that I can look into this for you? Thank you

Customer: replied 5 months ago.
Hi ben he hasn't provided me details of the warranty company
Expert:  Ben Jones replied 5 months ago.

Hi James. OK, well I will go ahead and review the relevant information and laws and get back to you. 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 5 months ago.

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

· as described

· fit for purpose

If they do not match the above requirements, you will have certain legal remedies against the seller. 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.

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.

The issue is that the law does not state who would be responsible for the costs of collection in this case. One may argue that the dealer has a duty to repair the vehicle so they should be responsible for the collection and delivery when fixed. On the other hand, if you were the one who decided to use a garage so far away from your home, why should the dealer be penalised in costs for collection/delivery over such a long distance.

So I am afraid you cannot rely on anything specific in law to force them to cover the collection costs. At present it is just your quote against his. I suggest you go and get another 2-3 quotes from reputable garages near you and then use the cheapest quote to compare to what he has. It would then not be unreasonable to claim for the full amount and if he refuses to pay you, you can pursue him for the balance.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow if you have 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45393
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 5 months ago.

Thank you. In the circumstances you will be looking at compensation for any repair costs. 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.

Customer: replied 5 months ago.
Thanks Ben, I'm looking at getting more quotes today. I will also get the dealer to email me the warranty company so it can be looked into.
Expert:  Ben Jones replied 5 months ago.

Great, good luck and all the best for now

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