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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70643
Experience:  Over 5 years in practice
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My partner is in a dispute with a company called Kars

Resolved Question:

Good Morning! My partner is in a dispute with a company called Kars ltd.co.uk that sold him a van on the 1st of October 2017, The van broke down the following day, it broke down a few times until the AA had to assist him to a garage, the garage has made some recommened part replacements which showed up on diagnostics test however the van is still at the garage and not drivable, The owner of kars ltd has so far refused to take responsibility and said because my partner paid by business debit card he is not protected under the consumer rights act, I want to send a registered letter to Kars ltd stating the act he is protected under, is it the sale of goods and services act? Any advice would be much appreciated!
Submitted: 1 month ago.
Category: Law
Expert:  Jo C. replied 1 month ago.

How old is it and how much did he pay?

Customer: replied 1 month ago.
Its 2008 and he paid £3594 by business debit card
Expert:  Jo C. replied 1 month ago.

okay

You want to know if you are protected by consumer legislation?

Customer: replied 1 month ago.
I would like to know what are my rights regarding how to get a refund from the seller for selling me a van which is not as described or fit for purpose intended
Expert:  Jo C. replied 1 month ago.

What is the specific fault?

Customer: replied 1 month ago.
We are not sure, it stops in the middle of road with no warning and has stopped on the motorway, a diagnostics test showed up egr valve needs replacing and the airflow metre, we have replaced these but after a day it stops again and the engine management light shows up on the dash, it is still at the garage but he is unable to get to the botton of why it happens or what is causing it, so far we have paid around £500 trying to fix it but to no avail
Expert:  Jo C. replied 1 month ago.

thank you.

The sale of goods act is no longer good law. It has been replaced with the consumer rights act. However, it is fair to say that the differences are not great.

Come what may he has purchased a car that isn't that holds and he didn't pay a rock bottom price for it and it has a fairly substantial faults. If they are seeking to argue that they can escape their obligations under the consumer rights act because he paid by a business card then they are just simply wrong. What's is true is that he wouldn't automatically have rights to reject under the distance selling regulations if he's business but that is not what he is trying to do here.

In any event, whatever the legal position the fact remains that they are refusing to offer a refund and so his only option is to suit the Small Claims Court if they will not negotiate.

Can I clarify anything for you?

Jo

Jo C. and other Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you Jo, much appreciated!