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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44924
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I bought a 2nd hand car for £10,000 which had serious

Customer Question

Hello. I bought a 2nd hand car for £10,000 which had serious electronic problems within 2 weeks. The repair was quoted at £1200. I asked the trader for a full refund within 30 days under the Consumer Rights Act but he refused to comply, offering only to repair the vehicle if I get it to him. He is 80 miles away and the car would need to be trailered to him at my cost. Is there any course of action other than a money claim or statutory demand ? Can I apply for an injunction to make him take the vehicle back ? Can I make Trading Standards or Office of Fair Trading intervene on my behalf ?
Thanks
Submitted: 2 months ago.
Category: Law
Expert:  Ben Jones replied 2 months ago.

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

Expert:  Ben Jones replied 2 months ago.

How long ago did you buy the car?

Customer: replied 2 months ago.
6th August. First problem on 21st August. Emailed the trader for refund 4th September after negotiations that went nowhere.
Expert:  Ben Jones replied 2 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 2 months ago.

Many thanks for your patience. 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. Getting an injunction to force him to take it back is likely to be futile ad no one can physically force him to do so. Therefore, compensation for losses or a refund is the most likely outcome. 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. Trading Standards may become involved but again you do not decide if that happens – all you can do is report this to them and then it is up to them if they take it further.

This is your basic legal position. I have more detailed advice for you in terms of the steps you must follow should you have to take this matter 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

Expert:  Ben Jones replied 2 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 2 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

Customer: replied 2 months ago.
Only 2 sentences of your reply actually addressed my questions.
Expert:  Ben Jones replied 2 months ago.

Is there any course of action other than a money claim or statutory demand? Realistically – not really, apart from what I already mentioned and you have suggested, namely Trading Standards

Can I apply for an injunction to make him take the vehicle back? You can but unlikely to be effective, it is still just a court instruction for him to do something and injunctions are not lightly given, I would say it is more likely that it is not going to be granted or that if it is, that they still ignore it.

Can I make Trading Standards or Office of Fair Trading intervene on my behalf ? As mentioned yes you can, but all you can do is report it to them, they decide whether to take any further action

Has this answered your questions?

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