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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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10 replacement cars used I purchased a new jaguar XF in

Resolved Question:

10 replacement cars used
I purchased a new jaguar XF in September 2016 and it has been back to the dealership no less than 8 times 6 of which relate to a transmission problem. i have supplied to the finance company a video of the fault - they are unable to view it!! as a result they dont accept there is a fault and will not reject the car
The fault is dangerous as the car will not move
Submitted: 3 months ago.
Category: Law
Expert:  Ben Jones replied 3 months ago.

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

Expert:  Ben Jones replied 3 months ago.

Has the dealer been able to verify this with the finance company at all? Please can you also tell me how long after purchasing the vehicle did you experience the initial fault?

Customer: replied 3 months ago.
Hi Ben the dealer has seen the video and the fault occured firstly within the first month after purchase but their diagnostic tool did not pick it up. it was only recently that i was able to supply a video of the dashboard showing the fault
Expert:  Ben Jones replied 3 months ago.

OK, thank you for your response Peter. 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.

Customer: replied 3 months ago.
no thanks an written answer will suffice
Expert:  Ben Jones replied 3 months ago.

Thanks for your patience. 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 the vehicle does not meet the above requirements, the buyer will have certain legal remedies against the seller (in this case this is the finance company rather than the dealer). 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.

Just because the seller cannot see the video of the faults does not mean the faults do not exist. This is a poor excuse for refusing to acknowledge their responsibilities under law. 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 the steps you need to follow to seek compensation if they still refuse to help. 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

Customer: replied 3 months ago.
the car was brand new not second hand
regards
Expert:  Ben Jones replied 3 months ago.

My apologies. To be honest t changes nothing - the above rights apply to any goods purchased from a business seller - be it new or send hand so your rights will be identical. Hope this clarifies?

Customer: replied 3 months ago.
as i see it one of the problems is that their diagnostic does not show a fault - the video shows a fault and as far as im aware they still cant find the fault!! am i entitled to all monies ive spent on the car ie deposit and finance todate?
Expert:  Ben Jones replied 3 months ago.

They can deduct usage costs from you for the time you have had the car so in the end it won’t be the full amount, based on how much you used it

Customer: replied 3 months ago.
ok thanks Ben I assume all costs including GAP cover and minor damage cover insurance are also fully refundable? i bought after wards what is called a black pack as the car supplied was not with this option can I also reclaim that ?thanks you assistance - feel better now as was offered £8,000.00 by dealer to get out of the car against a total expenditure of £12,000.00 - that ship has now sailed as offer now not availableregardspeter
Expert:  Ben Jones replied 3 months ago.

yes these can be claimable assuming you have not used them to derive any benefit from them, such as claiming under them

Ben Jones and 3 other Law Specialists are ready to help you
Customer: replied 3 months ago.
most helpfulmany thanks
Expert:  Ben Jones replied 3 months ago.

Most welcome, all the best