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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46743
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We bought a vehicle from a local dealer on the 14th July and

Customer Question

HI we bought a vehicle from a local dealer on the 14th July and a few days later saw that the paint work had various scrapes that were not noted in the description and had been covered up for sale. We also found that there was a droning noise coming from the vehicle that got louder with increasing speed.
I called a few times and was told that the man who I needed to speak to was on not available then was on holiday. I have written to them no less than 4 times 1 by recorded delivery and did not receive any response. I eventually got to speak to Richard the sales man who asked me to return the vehicle to look at what needed to be done on the vehicle. On our visit the sales man said that he was unaware of the faults and offered to fix the faults as it was his right to do so, when pressed for a refund he also offered £8750 refund as a second choice to return the car the original price was £10,000.
I left the car with him and as he insisted that I had no rights to refund. I then saw a review from a man who had had a similar experience with him on Google who found the repairs to be very unsatisfactory. I then called to ask if the repairs had been started the response was no they had not. I then wrote and told the that I wanted have a refund and that due to a law change in 2015 I had the right to a refund . I did not receive a response again and then a few days later I then received an email from another person at the company saying that the repairs had been complete and could I please pick up the car. Would you kindly let me know if I still have the right to a refund.
Submitted: 9 months ago.
Category: Law
Expert:  Ben Jones replied 9 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 9 months ago.

When you wrote to request a refund, had you also asked them not to proceed with the work or had you asked for them to stop the repairs when you spoke them on the phone?

Customer: replied 9 months ago.
we checked first to see of the work had been started and wrote immediately. see below
Dear Richard,I have taken legal advice on the matter of my purchase and am now confident of my right to a refund of the price paid for the BMW 320D Touring, purchased from you on the 14 July 2016 for the sum of £10,000.You have received the vehicle back from me and given me an undertaking to fix the faults identified in my email of 27 July, insisting that it is your right to do so. However I do not accept this remedy and instead refer you to the consumer rights act, outlined above, which clearly states that I have a short term right to reject the vehicle within 30 days for a full refund within 14 days. I exercise this right and hope you have been able to clarify this detail with your solicitor.Whilst there is no desire on my part to proceed in law through the small claims channel, or via an alternative legal route, or via Trading Standards, unless you are willing to settle this matter out of court there really is little alternative route available to me.Are you a member of a certified alternative dispute resolution scheme?Sincerely,James Cooper
Chat conversation end
Expert:  Ben Jones replied 9 months ago.

OK thank you, ***** ***** it with me. I am in court today so 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 9 months ago.
Thank you Ben.
Expert:  Ben Jones replied 9 months ago.

No problem at all

Expert:  Ben Jones replied 9 months ago.

Many thanks for your patience. You are correct that you have rights under law. 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. Also note that there is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.

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.

A useful rule is that if an issue appears within the first 6 months after purchase, the law assumes that they 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.

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, 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 can take if they refuse to accept a return and issue a refund, 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: 46743
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 9 months ago.
Hello Ben,This is my most recent letter to the seller, which was emailed in response to an email from the trader informing me that the repair work had been completed, to which I have yet to receive a reply:
Richard,I purchased the BMW car, registration no YB10 OPN, from you on 14 July 2016 for the sum of £10,000.A number of faults became apparent and on July 27, having failed to obtain you by telephone, I wrote to you at your facebook page informing you that the vehicle was of unsatisfactory quality. I was not prepared to accept the vehicle, I listed the faults and rejected the vehicle. I also sent the same by email to your webpage on July 28. I did not receive any response and so I returned the vehicle to you on Friday 5 August, a time when I was informed you would be back from holiday, to resolve the matter.At that meeting you offered to purchase the vehicle from me for the sum of £8750, which I declined. Instead you proffered to fix the faults to the vehicle so that I could instead sell the vehicle myself. The vehicle remained at your premises.However, on the following Monday morning I took legal advice on the matter and on Monday 8 August I called your office. We spoke and it was established that you had not commenced repair work and I again reiterated my rejection of the vehicle. You said that you would consult your solicitor on the matter. I also wrote to you by email, again to your Facebook page, and also by letter sent in hard copy by recorded delivery in which you were informed that I was rejecting the vehicle as being of unsatisfactory quality.In your first company email reply to me on August 12 from a person called Paul, below, you confirm receipt of my previous email in which I reiterated my rejection of the vehicle and I am informed that the remedial work had been carried out. I had already made it very clear in my emails that I did not want any repairs to take place. You were explicitly informed that I was exercising my right to a refund.Under the Consumer Rights Act I am well within my rights to reject the vehicle. I have now received the logbook from DVLA, which I will send on to you.Are you willing to use an Alternative Dispute Resolution scheme to resolve the matter as a means of avoiding going to court?Sincerely,James Cooper
Expert:  Ben Jones replied 9 months ago.

Thank you. In the event that they refuse to refund you, you would be looking to get compensation either for the value of the car or for any repairs. 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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