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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71055
Experience:  Over 5 years in practice
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There. I bought a car from a trader with a garage premises,

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Hello there. I bought a car from a trader with a garage premises, last November. I sent it back in January as the gearbox had failed. They gave it to a gearbox specialist who I spoke to and he told me what he thought the problem was. Apparently they fixed the problem, plus two other issues I asked them to fix but as it turns out, they have only fixed one out of three problems. I now have a car that will not pass an MOT because of one of these issues and a gearbox bill of potentially £1200 plus. Have I got any comeback at all? Yours hopefully, Richard Elgar
Thank you for your question. My name is ***** ***** I will try to help with this.
So, in short, they haven't done the repairs properly?
Customer: replied 2 years ago.

I believe so. The gearbox made a specific noise, which I asked the 'expert' about. He knew exactly what the noise related to. A 'clutch' or 'Torque Converter' When the vehicle came back, I believe the filters and oil had been changed at the request of the garage but the real problem had been covered up. The car is making the same noise again and I have been advised that it should not be driven. The other problem related to the wheels, which has re-occurred and will fail an mot because of it and this is due very soon :(

Are they willing to put right the errors?
Customer: replied 2 years ago.

I wanted to find out my legal position and rights before I get into an in depth discussion with them. I feel that they won't be very keen to put the issues right at their expense, as I think they are expensive repairs and I also feel that they tried to pull the wool over my eyes in the first place. It will be six months since I bought the vehicle, in a week or so time.

Have you complained to them about the fault?
Customer: replied 2 years ago.

Not yet. I'm planning to email them after this conversation with you. I am fully expecting them to say, it's out of the three month warranty period so I have no comeback with them. Do I have any comeback? Can I insist that they complete the repairs at their expense? I understand that I can give the car back and get a full refund within six months. Is that correct?

Well, the three month warranty might well have expired but that just means you cannot rely on that.
You still have rights under the SGA to expect that any repairs are done to a reasonable standard.
That said, that doesn't mean you have a claim for a refund. You have a claim for a repair to put this in good order. If they refuse then you do have a right to go elsewhere and have the work done and then sue for the cost.
The only time you could refuse them at least the option of putting this right is if you can convince a court that you had a reasonable belief that they were not capable of putting it right which is obviously a high test.
Can I clarify anything for you?
Customer: replied 2 years ago.

Thankyou, that is all I needed to know. I am very happy to offer and for them to do the repairs as long as they are done properly. I don't want a refund as I love the car but I feel that they have sold me a vehicle that they suspected needed some work. Thankyou for your help.

No problem and all the best.
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