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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44869
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I need help with returning a faulty car to the retailer. I

Customer Question

I need help with returning a faulty car to the retailer. I have researched the consumer rights act Oct 2015 but the retailer is refusing to oblige. Where or who do I go to for help with this please?
Submitted: 8 days ago.
Category: Law
Expert:  Ben Jones replied 8 days ago.

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

Expert:  Ben Jones replied 8 days ago.

How long ago did you buy it and how long after this did you realise it was faulty? Also, was it a new or used car?

Customer: replied 8 days ago.
I bought the car, cash at the end of June. About 25th or 26. I can look it up. I first had problems after about 3 weeks. I read the manual and did as suggested and the problem became intermittent. After a further two months a further 2 problems occurred and finally I told the garage I needed them to atrend to it undress the warranty which I had purchased separately with them. They had the car and told me it had several serious problems but they would fix it under warranty. I was given a very unsuitable courtesy car. I waited over two weeks and heard nothing. I called them and was promised the car back within two days. I waited another week. I was upset that the car had four major faults.... gear box. Diesel filter warnings. Injector warnings. STOP warnings and the 4wheel drive transfer box. I expressed my serious concerns about having the car bak at all but was told it would be as good as new. The vehicle was returned to me after 3 weeks. I drove less than 10 miles and the car was faulty again. It went into something called 'limp mode' where you literally limp along when there is a problem. Also the injector warning was back on. I called the garage and they collected the car the next day. I had only had the cat 4 months at this point. I told the garage I had lost faith in this car and needed to exchange it or return it. They refused to accept it back but agreed to exchange it for another car which I agree to. Unfortunately they offered me a car which had done far mor miles which I rejected. They had my car for a for the week then rang me to say I must have it back. I said we had agreed that I was not having it back and they said I had to as I had refused the car they offered me! They gave me no option but to have my car back. I very reluctantly agreed but asked for extended warranty as the original only had about 6 weeks left to run and I now felt sure I would experience further problems. I had the car back less than 24 hrs and faults began again. At this point I researched consumer rights Oct 2015 and believe I should have a refund for the vehicle. I still have only owned it 5 months at most. At least 4 weeks of that time it has been in for repair and 4 monthsat least it has been faulty. I don't know how to enforce a refund and need help. The car was year 2009 and had done 68 thousand miles. Not a cheap car. Suzuki Grand Vitara 4x4.
Expert:  Ben Jones replied 8 days 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 8 days ago.
I am awaiting a call from the garage director as so far 3 people I have dealt with are insisting I must keep my car. Thank you.
Expert:  Ben Jones replied 8 days ago.

No problem at all. I will get back to you at the earliest opportunity. Many thanks

Expert:  Ben Jones replied 8 days ago.

Yu will indeed have rights under the Consumer Rights Act 2015 but not necessarily to get a refund now. 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. Your rights will not be against the manufacturer as they will only be responsible if there was a manufacturer’s warranty or guarantee with the goods. 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.

As 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.

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 can follow if you need 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 7 days 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 6 days ago.

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

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