Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
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?
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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.
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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?
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
yes these can be claimable assuming you have not used them to derive any benefit from them, such as claiming under them
Most welcome, all the best