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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 51163
Experience:  Qualified Solicitor
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I brought a 2 year old Porsche Carrera 4S with 13,600 miles

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I brought a 2 year old Porsche Carrera 4S with 13,600 miles in Oct 2015 from an Approved Pre-Owned Porsche Official Centre, with all the guarantees and peace of mind that offers as detailed below.Every vehicle that bears our Porsche Approved seal has been professionally prepared by our Porsche technicians using only Genuine Porsche Parts. We call this Porsche standards. Thanks to the documented vehicle history, Porsche Approved Warranty and Porsche Assistance (mobility guarantee), we ensure more than just certified quality. We create trust.
Our commitment:
A minimum of 24 months Porsche Approved Warranty and Porsche Assistance*
The vehicle has been inspected in compliance with our 111-point checklist
All rectification work has been performed by Porsche-trained Technicians using only Porsche Genuine Parts
All routine servicing and maintenance due within the next three months or 3,000 miles will have been carried out as a minimum
A minimum of 12 months MOT**
Fitment of N-rated tyres to a minimum remaining tread depth of 3mm
Body refinishing to exacting Porsche standards
A full valet and final quality inspection
Our standards are independently monitored and audited
* an element of which may be optional
** for cars over 36 months oldOn Jan 9th 2018 I was unfortunately involved in an accident with a deer. During the process of repair it was discovered the car had been in a previous accident and had chassis damage, and the repair had not been done to Porsche specifications, in fact the repair was 100-125% outside recommended Porsche tolerances. This was never disclosed at the point of sale, when I brought the car in 2015, despite the above Porsche Approved Warranty and guarantees above.
Whilst the Approved Pre-Owned Porsche Official Centre has agreed to pay for the chassis damage and ‘put the car right. I would never have brought the car in the first place had I known it had chassis damage.I would like to know what my consumer rights are in this situation. Am I able to return the car and get a full refund?RegardsKevin

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

So what have they said about not disclosing this information to you at the time?

and what are you ideally hoping for so that I can look into your options?

Customer: replied 5 months ago.
Hello Ben. I would have not brought the car in the first place so i would like my money back to buy another car

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Many thanks for your patience. When a person buys a second-hand vehicle from a dealer they will have certain rights under consumer law, specifically the Consumer Rights Act 2015, which requires goods sold by a business seller to be:

· of satisfactory quality – they must not be faulty or damaged when received

· as described – they must match any description given at the time of purchase

· fit for purpose – they should be fit for the purpose they are supplied for

If the vehicle does not meet the above requirements, the buyer will have certain legal remedies against the seller. Also note that there is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods. In your case you would be arguing that the car was not as described.

The rights against the seller are:

1. Reject the vehicle and request a refund - this must be done within 30 days of purchase or delivery.

2. Repair or replacement – this can be done within the initial 30 days or after, if that deadline has passed and a rejection is no longer possible. If a repair is not possible or has failed, the vehicle can still be rejected for a refund, or if the consumer wants to keep it, they can ask for a price reduction. If asking for a refund or a replacement, the current value of the vehicle will be used, taking into account any depreciation in value for usage by the buyer since purchase.

You can also try and argue that whilst you cannot rely on the sort term right to reject for a refund, you are seeking this option at the earlies possible opportunity after you had found out that the car was not as described. They could try and resist a refund, in which case you may have to settle for a replacement.

Based on which option you are wishing to exercise, you must contact the seller and advise them. If they refuse to discharge their legal obligations under consumer laws, you should remind them of these as per the details above. If they still appear reluctant to assist, write to them one final time, warn them that they have 7 days to comply and inform them that if they fail to honour your legal rights, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the options you have in the event they refuse to take the car back at all. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Ben Jones and 4 other Law Specialists are ready to help you

Thank you. In the end, if you had to take this further you would be seeking compensation, either for the value of the car (less depreciation) or a replacement vehicle.

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 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 them for the compensation in question. 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 www.moneyclaim.gov.uk. Once the claim form is completed a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.