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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48761
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Brought a Ford Focus 2008 with 88k on clock for £2200 on

Customer Question

Brought a Ford Focus 2008 with 88k on clock for £2200 on Sunday from a dealer, I found a fault with leaking oil on Tuesday, took it back to the dealer spent a lot of time with him making excuses to then finally accepting he will look into the problem. Dealer then said the oil leak was down to a faulty seal and he would fix it. I explained I would like a refund he said he wasn't obliged to give me a refund. I have asked on several occasions via email to send me a detailed report of his findings and photos which he has failed to provide me. On Thursday he stated the car was fixed and I could collect, however because I was at work at the time I couldn't get there he stated his business was closed so I said I would come first thing Friday morning. On Friday morning he texted to say that the car needed more work doing (a cv gaiter) and I would have to collect in the afternoon. That evening I texted to ask if the car was ready he then said the car now needed a drive shaft replacement and I would not be able to collect the car until Saturday. He also stated he would be replacing the drive shaft with a second hand part not a new part. I need to know if he can use second hand parts and if I can just get a full refund.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ben Jones replied 1 year ago.

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

Expert:  Ben Jones replied 1 year ago.

Based on what you have described, what would be your ideal outcome in this situation so that I can advise

Customer: replied 1 year ago.
I would like a full refund and give him back the car and documents
Expert:  Ben Jones replied 1 year ago.

Did you by the vehicle as a private consumer or a business buyer?

Customer: replied 1 year ago.
It was brought from a small dealership close to where I live. The company is called c&j car sales. Company reg is 89999924
Expert:  Ben Jones replied 1 year ago.

I meant were you a private consumer or a business buyer?

Customer: replied 1 year ago.
I'm a private consumer, I brought the car for my mum
Expert:  Ben Jones replied 1 year ago.

Thank you. When a person buys a second-hand vehicle from a dealer they will have certain rights under consumer laws.

Your 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. 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.

Please take a second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars. I can continue answering follow up questions and in particular can also discuss the steps you should follow in the event you have to take this further. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can still continue this discussion. Thank you

Expert:  Ben Jones replied 1 year 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 1 year ago.

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