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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50159
Experience:  Qualified Solicitor
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I bought a 10 year old Audi A4 estate car, on Nov 14th of last

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I bought a 10 year old Audi A4 estate car, on Nov 14th of last year, it appeared to be in full working condition. Within 2 weeks the engine developed a major fault which meant I had to have it towed back to the dealer I bought it from. they said they had repaired the fault at no cost to myself. The car then ran again, until the engine failed again with an almost identical fault last week. I have contacted the dealer and asked them to reimburse the cost of the vehicle or provide a replacement. The dealer is now refusing to talk to me on the basis that I have quoted the consumer rights act, and wants to ring me in a weeks time to discuss further after they have held a meeting between themselves to decide what to do. In the interim they have my cash in the bank and I have no vehicle. Where do I stand legally in terms of getting the cost of the vehicle back?
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How much did the car cost please?
Customer: replied 2 years ago.
Customer: replied 2 years ago.
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:{C}· Giving false information about the vehicle or deceiving the buyer through false advertising{C}· 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 the first month after purchase. 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. If the legal route seems to be the only one you will need to do this via the small claims court. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to issue a claim, 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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Customer: replied 2 years ago.
Does the consumer act not state that a person has 6 months from the date of purchase to return the vehicle?. I was led to believe this came into effect in October 2015?
you have 30 days to reject the vehicle for a refund. The 6 months is to do with who has to prove the vehicle did not meet the statutory requirements - in the first 6 months it is for the seller to prove that, after that it is for you. So after the initial 30 days you can still return the car for a repair or replacement but not a refund