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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48514
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We bought a new BMW on 5th October. We drove it for the

Customer Question

We bought a new BMW on 5th October. We drove it for the first time on unlit roads last Saturday.The head lamp beam of the LED head lamps is set so low that safe driving is not possible.We have reported this the dealer. We are being ‘fobbed off’.We now learn that the dealer cannot raise the beam and that this is a major problem with LED headlamps.As I have said safe night driving on dipped beam is not possible.Can we rescind the contract for a refund bearing in mind that we did not know of the problem until last Saturday.Regards,John Epton (retired solicitor who is out date legally!)
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Submitted: 16 days ago.
Category: Law
Expert:  Ben Jones replied 16 days ago.

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

Expert:  Ben Jones replied 16 days ago.

So is the dealer not willing to do anything about the headlamps at all?

Customer: replied 16 days ago.
No it turns out that the dealer cannot rectify the problem and make the lights safe.J
Expert:  Ben Jones replied 16 days 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.

Customer: replied 16 days ago.
No the dealer says they cannot raise the beam.
Expert:  Ben Jones replied 15 days ago.

Thanks for your patience. When a consumer makes a purchase from a business seller, they have certain 'statutory' rights under the Consumer Rights Act 2015, which states that the goods must 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 do not meet the above requirements, you 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 goods). 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 rights against the seller are:

1. Reject the goods and request a refund - this must be done within 30 days of purchase or delivery. However with a brand new car, being a couple of days out should not make much of a difference, especially as you had raised the issue with them beforehand.

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 goods can still be rejected for a refund, or if the consumer wants to keep them, they can ask for a price reduction.

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 options you have on taking this further officially 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

Expert:  Ben Jones replied 14 days ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a quick second to leave a positive rating by selecting 3, 4 or 5 stars above. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 13 days ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks