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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50144
Experience:  Qualified Solicitor
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I bought a car from a garage 5 months ago and it has constantly

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I bought a car from a garage 5 months ago and it has constantly gone wrong, the car dealers did send it to be fixed every time but after 5 months enough was enough.I have given the car back and they agreed to get me another car of my choosing to the value of the ten thousand pounds in which I originally paid.the agreed time period was 4 to 5 working days and three weeks on and still no car. I asked for my money back and they would only give eight thousand of which I reluctantly had to accept because I needed to buy a car quickly because I have a family which have school runs and work etc. 48 hours after my partial repayment I go a car and they have put the old car back on the forecourt again and I feel that they should have given me a full refund. the bumper was scratched and I would of had topay three hundred to put that right so im after 1500.00 refund still, do I have a case please.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

When did the problems initially start?

Customer: Two weeks after I bought it the sun roof leaked and tripped all the electrics
Ben Jones :

when did you initially make a request to return the car for a refund?

Customer: Two days after Xmas because it wouldn't start again
Ben Jones :

When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002.


 


The law states that the goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller. The only time action can be taken against the manufacturer is under a manufacturer's warranty or guarantee. 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.


 


If the goods are not as described, of satisfactory quality or fit for purpose, you have the following rights:


 


1. Reject the goods and request a refund - this is only possible if the rejection occurs within a 'reasonable time'. This period depends on the circumstances, although it is generally accepted to be within the first month after purchase, so must not be delayed.


 


2. Ask for a repair or replacement – if you are too late to reject the goods, you can ask the seller for a repair or replacement without causing any significant inconvenience.


 


When you decided to reject the car, you would have been too late by law to do so or ask for a refund so you would have had no legal right to do this. All you could have asked for is a repair or replacement. However, the seller could have agreed to accept the car back, but on their terms and if you had agreed a price to do this and get it returned, you would have been bound by it. So considering this, and the fact that any court would have deducted usage costs for the time you had use of the car, it is unlikely you can pursue them for this. If you were not happy with the offer made for returning the car you should not have accepted it and should have continued negotiating until you had a figure you were happy to accept.

Ben Jones :

I'm sorry if this is not necessarily the answer you wanted to hear but I hope you understand I have a duty to be honest and explain the law as it actually stands and sometimes this does unfortunately mean delivering bad news. Please let me know if you need me to clarify anything.

Customer:

surely in five months, the sunroof leaked and blew all electrics, front air suspension collapsed twice,the radiator blew up, two battery changes needed, radio went wrong,had to dry out all ecus,needed new thermostat and there was no sat nav in the car at all as advertised and after all that gave them a chance to change the car and they couldn't because they couldn't make money from me a second time im entitalled to a full refund

Ben Jones :

You cannot claim a full refund if you leave this for too long (longer than a month), which you did - all you can then ask for by law is a repair or replacement. If the dealer accepted the car and offered you a refund then it is for you and them to negotiate and if you agree on a refund amount and you accept it, then you will be bound by it - as mentioned if you did not think what was offered was good enough you should not have accepted it but now you are bound by it.

Customer:

ok thankyou for your time, I panicked on the refund because I heard a rumour they were going under and thought 8 grand was better than nothing, they were not going to budge on that figure at all, just cant believe some other poor sole is going to buy it, thank you again

Ben Jones :

Yes, the dealer may have to face this issue all over again.... You are most welcome, and all the best

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