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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Purchased a used range rover sport on 1st march 2017 from

Resolved Question:

purchased a used range rover sport on 1st march 2017 from local dealer for £20,995.00
paid by way of trade in of vehicle and remainder by bank transferwithin two / three weeks suspension failure dealer arranged for local specialist to repair all ok also vehicle had some rattles and oil leaks dealer arranged for vehicle to go to second garage on at least two occasions in following weeks
on 10th July 2017 vehicle broke down on M5 and had to be trailered back to local specialist who confirmed loss of oil has rendered the engine and turbos u/s
The vehicle was collected and taken to dealers garage for second opinion which is the same as the first however to-date the vehicle still has no engine fitted or turbosnow off road since 10th July have looked on internet following conversation with mutual friend and want to reject the vehicle, under the consumer rights act as vehicle is not of satisfactory quality
Submitted: 1 month ago.
Category: Law
Expert:  Ben Jones replied 1 month ago.

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

Expert:  Ben Jones replied 1 month ago.

I presume you purchased the vehicle as a private buyer?

Customer: replied 1 month ago.
we moved from Kings Lynn in Norfolk to Tavistock Devon and required a reliable strong vehicle to enable us to collect our grandchildren from Norfolk and also to return them
Customer: replied 1 month ago.
I was only aware of the Consumer Rights Act over the weekend and I assume I could reject the car as it is clearly not performing or of serviceable quality
Expert:  Ben Jones replied 1 month ago.

Thanks. You are correct that the Consumer Rights Act applies to this situation but the right to reject only applies within the first 30 days after purchase. That is when you can automatically reject it if it is not of satisfactory quality or fit for purpose.

If you have gone past the initial 30 days, then you still have rights to potentially reject within the first 6 months but to do so you must give the seller the chance to fix the car or to provide you with a replacement. Only if the repair has not resolved the original issues or a replacement is not possible would you be able to then try and reject again.

So basically before the dealer has attempted to repair the issues that caused the leak, you cannot automatically reject just yet. You have to allow them the chance to repair these. If they have taken the vehicle in for repairs but have failed to carry these out within a reasonable time, you can give them a deadline by which to comply, otherwise you will just go for rejection straight away. So contact them, remind them of their duty to repair it and ask that they do so within a specified date (it has to be reasonable, so perhaps a couple of weeks) and state that if the repairs are not completed by then you will reject the vehicle and pursue them for a refund.

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 options you have on taking this further if they refuse to resolve this. 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

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Expert:  Ben Jones replied 1 month ago.

Thank you. In the event they refuse to resolve this you will have to consider pursuing them for compensation arising out of this, such as for the repair costs or for simply getting a refund (minus any usage costs).

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue them for the compensation in question. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.