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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44372
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I purchased a Nissan Leaf Electric Car reg: MK 13 UVE from

Resolved Question:

I purchased a Nissan Leaf Electric Car reg: MK 13 UVE from the Carshop Northampton on 17/9/16 for a price of £8350.00 plus an admin fee of £129.00. and an MOT promo of £14.99. I was told that the car would be fully charged and valeted with handbook, two charging cables, one for home use and one for fast charging when out on the road.
I went to pick the car up the next day and was told there was no handbook with the vehicle but that I could download this from the internet. When the car was turned on the meter showed a full charge but the mileage range was only 58miles. I would have expected at least 100 so I queried this at the time. I was told that as I drove this would change in accordance with my driving style.
I duly drove the vehicle home taking care to ensure excess power was not being drained from the battery.
By the time I reached home ( 7miles ) the range had dropped to 44miles. I went to put the car on charge only to find that there was no fast charge cable in the vehicle. I put the car on charge with the cable supplied for home charging and fully charged the vehicle.
This time the range showed 70miles so I took it for a drive again around 7miles when I finished the journey the range had gone down to 56miles
At this point I was getting really concerned as a full charge would only get me 17 miles before I would have to go home.
I contacted Carshop to voice my concerns and they said to try it for a few days and see how it went.
I contacted Nissan to see what they had to say and they advised me to bring it in for inspection as it didn't sound too good.
Nissan contacted me the next day (20th) to arrange an inspection but I had decided to return the vehicle to Carshop as I didn't feel that it was fit for purpose.
I was informed that an admin fee of £299.00 was payable which I disputed as I was returning the vehicle as not fit for purpose not just because I didn't like it.
They insisted there was nothing they could do about it as it was in their sales contract.
I unwillingly agreed to pay the fee and informed them that I would be considering legal action to reclaim not only the £299.00 but the £129 purchase fee and the cost of the taxi to get home which was £20.00.
Submitted: 1 month ago.
Category: Law
Expert:  Ben Jones replied 1 month ago.

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

Expert:  Ben Jones replied 1 month ago.

How long after purchasing the car did you contact the Carshop to advise them of the issue?

Customer: replied 1 month ago.
about 30 mins
Expert:  Ben Jones replied 1 month 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 1 month ago.
Thank you I will look forward to your reply. If you think legal action is appropriate does your company deal with that?
Expert:  Ben Jones replied 1 month 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 or performance 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. In this case it is important to consider what an average range for this vehicle is on a full charge, considering the fact it is 3 years old so you may have to approach independent dealers of such cars to try and find out what a reasonable range according to professional opinion is.

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. You should not be charged any additional fees unless you had forced the dealer to incur these, such as repairs for damage caused by you, etc.

If the dealer refuses to resolve this issue or accept any liability, you could take legal action against them. 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. If you are to take this further then sadly we cannot assist in the process as we are only an online Q&A service but this would not be too difficult to do yourself.

This is your basic legal position. I have more detailed advice for you in terms of the steps you must follow if you are 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: 44372
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 1 month ago.
Thank you for your quick response I have found it very helpful
Expert:  Ben Jones replied 1 month ago.

Thank you. 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. If you wish to go down the legal route instead of a statutory demand, a claim can be commenced online by going to 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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