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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71154
Experience:  Over 5 years in practice
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I paid on 13/April/2014, £2795.00 for a car and I did not receive

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I paid on 13/April/2014, £2795.00 for a car and I did not receive any car. My husband refuse to take the car at that time because it was faulty. He ask the dealer to repair the car or to give us another one, but after 6 months the car is still in the dealer's garage, the car paper are not on our name and we asked for the money back to our account.
We already sent three letters to the trader and a lot of visits, he always was out of premises, we have been ignored.
I sent a letter to the Ombudsmen but they said that this issue must be resolve by Trading Standards.
I had contact them online but they said that there is no help for individual complaints and to contact Citizens Advice Bureau.
All this situation is frustrating. We paid for o good and we received nothing.
What about customers rights?
Can you please advice us what to do next?
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to achieve?
Customer: replied 3 years ago.

I would like to receive at least my money back,

What is the nature of the fault?
Customer: replied 3 years ago.

They said they changed the turbo system, the engine was faulty, they couldn't repair it till now. My husband said that it is not safe to put that car on road. But the important thing is that we did not took the car from the beginning. My husband checked the car at his garage and we refuse to take the car in that condition.

No, that is not the important thing.
What I need to know is what is the nature of the fault?
Customer: replied 3 years ago.

I already told you: the engine was faulty.

That is why my husband refuse to take the car from the beginning. The car's documents wasn't done, the car is not on our name.

My husband saw the car advertised online, he went to the dealer' s garage, at the first view the car seemed to be ok.

He called me( I was at home) and asked me to make the payment in dealer's account. I did that, I made the transfer into his account.

Meantime my husband decided that the car needs a better check than a view and wasn't so sure that the car is safe enough to be on road. So he asked the dealer to check the car better.

The dealer sent the car to another garage( the one that did the MOT), they found that the car was faulty and since then they tried to repair it.

There are six months since than.

The car wasn't roadworthy from the beginning.

Yes, you keep saying that. What I need to know is what is the nature of the fault?
Not all 'faulty' goods can be rejected outright and certainly very few of them are not roadworthy.
Customer: replied 3 years ago.

Lights came on the board and the car lost power. I took a test drive and the car was not as described. I am not a mechanic and I didn't take the car in the same day. But the money was paid.

The fact is that they send the car to a mechanic and even now the car is not good. I don't now what else they found faulty. The car is in their garage.

In what specific way was it not as described?
Customer: replied 3 years ago.

It wasn't good as the advertise said. And I was right because the car is nor repaired yet.

Yes, but why does that make any difference here ? You appear to be refusing to accept it?
How do you know it is not repaired?
Customer: replied 3 years ago.

My husband was at the garage more than 10 times, the owner always was gone.

My husband called him more than 18 phone calls, always he said that the mechanic did not succeed to repair it yet, or that the workers are on holidays or different motives.

This situation continue since day 1 till now after six months.

I already send him three letters in Sept and Oct asking him for a car replacement or to refund our money.

He ignore us.

The trouble with this is that it depends on factors that can't be ascertained here.
Fundamentally, it depends on the nature of the fault. This was a vehicle that cost less than £3000 originally and it is pretty difficult to reject secondhand cars at all outright unless they are literally falling apart. Of course, it may be. We don't know.
If you weren't entitled to reject it outright then the act of refusing to take it would have been a breach. That said, it would be possible to argue that either way they were still under a duty to repair it.
The truth is that probably all you were originally entitled to was a repair. It is very unlikely that this rendered it unroadworthy. That is a very high test.
If the repair is not done then you would argue that your rights to reject are revived. Either way they cannot just keep the car and your money. It has to be one or the other. Even if your actions were unlawful that obligation still remains upon them.
If you have already sent them a letter before action and that has not achieved a response then you would have to sue. There is no other way of making them pay if they refuse to do so. It is a small claims court sum so it would be cheap and quick to sue. They may well settle at that point as they do not want to waste the manpower upon contesting a claim.
Can I clarify anything for you?
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