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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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We bought a car for £2900 from a trader/large car garage on

Resolved Question:

we bought a car for £2900 from a trader/large car garage on the 21st Jan 2017, we have a receipt and it came with no warranty however it has been nothing but trouble within 2 weeks of purchase, the gear box is breaking down, brakes overheat, engine misses and we have now got phot evidence of the breaks being worked on before we bought it as a drainage cup was left jammed in place.. I informed the garage last Sunday and that was 22 days from purchase, are we covered by the consumer act 1st Oct 2015? the say we are not and will not deal with us, he said as we signed the receipt to say no warranty (which isn't actually stated on it I've looked) and for that price and the owner will not deal with me and just told me I was wrong and a solicitor would tell me the same, I have looked at the Act and it covers cars from UK Traders so surely I am covered to get a refund or repair? thank you..
Submitted: 8 months ago.
Category: Law
Expert:  Ben Jones replied 8 months ago.

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

Customer: replied 8 months ago.
Hi, are we covered by the consumer act?
Expert:  Ben Jones replied 8 months ago.

What does the receipt actually say?

Customer: replied 8 months ago.
its just a receipt stating the company log at the top, what the make model etc is of the car, the price and miliage not gauranteed and my husbands signature and the garage salesmens signature..
Customer: replied 8 months ago.
logo! not log..
Expert:  Ben Jones replied 8 months ago.

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws 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. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 8 months ago.

When a person buys a second-hand vehicle from a dealer they will have certain rights under consumer law, specifically the Consumer Rights Act 2015, which requires goods sold by a business seller to be:

· of satisfactory quality – they must not be faulty or damaged when received

· as described – they must match any description given at the time of purchase

· fit for purpose – they should be fit for the purpose they are supplied for

If they have told you that you are not covered then they are certainly not telling the truth.

If the vehicle does not meet the above requirements, the buyer will have certain legal remedies against the seller (not against the manufacturer as they will only be responsible under a manufacturer’s warranty that came with the vehicle). 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. The age and value of the vehicle will also be relevant and the expectations of older vehicles will certainly be lower.

The rights against the seller are:

1. Reject the vehicle and request a refund - this must be done within 30 days of purchase or delivery.

2. Repair or replacement – this can be done within the initial 30 days or after, if that deadline has passed and a rejection is no longer possible. If a repair is not possible or has failed, the vehicle can still be rejected for a refund, or if the consumer wants to keep it, they can ask for a price reduction. If asking for a refund or a replacement, the current value of the vehicle will be used, taking into account any depreciation in value for usage by the buyer since purchase.

Based on which option you are wishing to exercise, you must contact the seller and advise them. If they refuse to discharge their legal obligations under consumer laws, you should remind them of these as per the details above. If they still appear reluctant to assist, write to them one final time, warn them that they have 7 days to comply and inform them that if they fail to honour your legal rights, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss your options if they refuse to help further. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 8 months ago.
Thank you I have called them and been fobed off until Sunday when the person who can deal with it is in! I have kept a full record of calls and who I speak too so I shall be back next week if I need follow up advice.. many thanks Mrs Goff.
Expert:  Ben Jones replied 8 months ago.

No problem, all the best for now