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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49865
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My girl friend bought a three year old car from the main Peugeot

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My girl friend bought a three year old car from the main Peugeot dealer at the end of July this year for £13.999, within ten days she informed the dealer of a problem with the brakes and that day after collecting it she noticed chunks out of the wall of the offside front tyre, the dealer coloured in the missing edge of tyre with a pen and told her that it was quite safe. The dealer took the car back and did not have it ready for seven days, after collection it turned out nothing had been done apart from a puncture repair for which they have charged her £20.00. She wrote on the customer satisfaction form @unhappy'. Since this she has had the cd player fail, the rear break cluster has lights missing and noisy steering. She has put this all in writing, which they now claim never to have received and she has now returned the car asking for a refund due to its failure to be of Satisfactory Quality under the Sale of Goods Act. The garage have recently ordered all new break parts but still deny that there is anything wrong. They have today denied receiving any lists and are refusing to take the car back. I would be grateful if you could please advise us where we can go from here as I cannot agree that this vehicle is in suitable condition especially when one considers how much she has paid, thank you.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today.
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Customer: replied 2 years ago.
I would be grateful if you could please advise us where we can go from here as I cannot agree that this vehicle is in suitable condition especially when one considers how much she has paid, thank
When a person buys a second-hand vehicle from a dealer they will have certain rights under consumer laws. First of all, the following business practices are deemed unfair if they prompted you to make a decision to buy the car in question:· Giving false information about the vehicle or deceiving the buyer through false advertising· Giving insufficient information to the buyer, for example leaving out important information about the condition of the car Failure to adhere to these rules will be unlawful and may even amount to a criminal offence so if you believe that the dealer acted in contravention of these rules you can bring this up with them when you contact them about this. Your other rights state that when you buy an item from a business seller it must be of satisfactory quality, fit for purpose and match its description. If the car does not satisfy any of these, the dealer will be responsible. They will only be liable for faults that were present at the time the vehicle was sold, even if they become apparent later on. However, they will not be liable for fair wear and tear, misuse or accidental damage or any issues that were brought to the buyer’s attention before the sale. The age and value of the vehicle will also be relevant and the expectations of older vehicles will certainly be lower. If the vehicle does not meet the above requirements, the buyer can reject the vehicle and return it to the dealer requesting a refund. However, this will need to be done within a ‘reasonable period, which is usually 3-4 weeks after purchase. So if this car was bought I July, it would be too late to reject it for a refund. So if the buyer is too late to reject the vehicle, they could instead request that it is repaired or replaced without causing them significant inconvenience. The dealer may only reject a repair or replacement if it is impossible or disproportionate in the circumstances. If that happens, you are entitled to get it repaired elsewhere and claim back the repair costs, although there is an obvious risk in doing so as there is no guarantee in getting any of the money back. If the dealer refuses to resolve this issue or accept any liability, you could take legal action against them. However, before going down that route you should try and resolve the issue directly with them by sending them a formal letter specifying how you want this matter resolved and giving them 7 days to respond. Advise them that if they fail to get back to you or deal with this in a satisfactory manner, you will have no other option but to report them to Trading Standards and issue legal proceedings to seek compensation. This is your basic legal position. I have more detailed advice for you in terms of the steps you could take to try and out more formal pressure on them and it also serves as the precursor to legal action, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
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