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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46180
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My daughter bought a cat from a dealer in July. It broke

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Hi, my daughter bought a cat from a dealer in July. It broke down within the first 2 days. She phoned the dealer to get her money back but he refused and payed part of the garage fee to put the car right. (He gave them a courtesy car in which she had to pay tax and insurance on it. )
She got the car back but within 200 miles the car broke down again with an issues linked to the first brake down. We have phone the dealer and he still refuses to refund her the money. I feel she was sold a car unfit for purpose
Submitted: 6 months ago.
Category: Law
Expert:  Ben Jones replied 6 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Customer: replied 6 months ago.
This is a car not a cat sorry
Customer: replied 6 months ago.
Hello ben
Expert:  Ben Jones replied 6 months ago.

Hi there. How long ago did she buy the car please?

Customer: replied 6 months ago.
20 July 2016
Expert:  Ben Jones replied 6 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.

Expert:  Ben Jones replied 6 months ago.

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 a fault 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.

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 must follow if you had to take this down the legal route, 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 6 months ago.
New date bought on 12/7/16
1st broke down 14/7/16
Car went to garage for diagnostic test in which 1 cylinder misfire. Car was fixed £850 payed by dealer and £313 by my daughter. She drive not even 200 miles and the car broke down again 27/8/16 in which a fault was found to the crankshaft (vanous motor)
I have phoned the dealer (LSACARS ringwood road Bournemouth. 01202 900023)
To see if she can get her money back as u feel the car was sold unfit for purpose.
She was given a courtesy car at the first brake down but she had to pay for tax and insurance on the car
I hope this extra information helps in any way.
Expert:  Ben Jones replied 6 months ago.

thanks, ***** ***** answers crossed, the answer above still applies

Customer: replied 6 months ago.
I have spoken to the dealer today and he is still refusing to refund her the money
Customer: replied 6 months ago.
Would it be possible for you to email me this imformation as it would be a great help
Expert:  Ben Jones replied 6 months ago.

yes of course, if you could please leave your rating for the initial response then I can continue with the follow up advice, many thanks

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46180
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 6 months ago.
I have just phone dealer again to say that I will be writing hum a letter and he has informed me that he has his solicitor involved
Expert:  Ben Jones replied 6 months ago.

Many thanks. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. 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 debtor to voluntarily pay what is due.

2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, 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 recover the debt. 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. Before you consider starting legal action you may wish to consider sending a formal statutory demand. This is a legal request which asks the debtor to pay the outstanding debt within 21 days and failure to do so will allow you to bankrupt the debtor (if they are an individual ) or wind up the company (if they are a business). For the relevant forms to serve a statutory demand see here: https://www.gov.uk/statutory-demands/forms-to-issue-a-statutory-demand

4. 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 debtor 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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