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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50180
Experience:  Qualified Solicitor
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My daughter bought a car (58 plate) on hire purchase

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my daughter bought a car (58 plate) on hire purchase in June last year from a garage near to where she lives
the car has broken down and has been told that the car needs a complete new engine
can you tell me where she stands with this please as the garage is refusing to deal with it as they say her 3 month warranty has run out
surely there is something that covers her for this unfortunate eventuality?
kind regards Dana
Customer: replied 2 years ago.
hithey garage has also said that they are waiting on a decision from the finance company?
surely her agreement is with the garage .....
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. When did the issues occur?
Customer: replied 2 years ago.
hithe car broke down 3 weeks ago
we have had it towed to a garage for fixing and the garage told us that the crank shaft had gone
you can call me if you prefer = 07952 233890
If the car was bought on HP then her statutory rights, which I will explain below, will be against the finance company, not the garage. Legally she has bought the car from them, not the garage, so she can only hold the finance company liable as they will be deemed the legal seller. When a person buys a second-hand vehicle from a dealer they will have certain rights under consumer laws, specifically the Consumer Rights Act 2015. The law states that a car must be of satisfactory quality, fit for purpose and match its description. If the car does not satisfy any of these, the seller (finance company) 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 buyer is too late to reject the vehicle, they could instead request that it is repaired or replaced without causing them significant inconvenience. These rights apply regardless of any warranty – they are statutory rights, a warranty is a contractual right. The seller 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. This is your basic legal position. I have more detailed advice for you in terms of the steps you can take to pursue them if they refuse to assist, 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, there I no extra cost and 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.
hithank you for the above Ben, now I understand why they have contacted the finance company
the garage have told us that they will contact my daughter today to say what is happening, but in the meantime do you think we should tell the other garage not to go ahead and repair the car until this is sorted? Dana
Probably best because if they say that they would have repaired it and now you have unnecessarily gone elsewhere to do this they may be reluctant to compensate you for the repair costs. So only do this if they refuse to repair it or they unreasonably delay making a decision. If you have to go elsewhere for the repairs and they then refuse to compensate you, whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter. 2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
Customer: replied 2 years ago.
perfect, thank you very much Benwe only took it to the garage as we thought it was a minor issue, something to do with the tappits, etc. It was the garage who told us of the severity of the engine, this is why we have left it with them and are still in communication with the original car seller.fingers crossed we can solve this without having to go to court, even if they cancel her finance agreement that would be a great weight lifted off of her shoulders. Dana
Hope so too, hopefully you have enough information to assist you with a successful resolution
Customer: replied 2 years ago.
thank you very much for your advice Ben
regards Dana
You are welcome, all the best