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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 51163
Experience:  Qualified Solicitor
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I recently bought a second hand car from a garage. Since I

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I recently bought a second hand car from a garage.
Since I have had it the battery has went flat 3 times.
1st time the garage took the car away and said they replaced the battery.
2nd time they called an electrician out to my home, they said the battery was flat. the garage then said it must have been a faulty battery so they replaced it with a brand new one . this again has went flat.
after the 1st time I asked to return the car which they said they would not do, I also asked after the 2nd time and got the same answer.
I went to the garage and reported the car not starting again they said they would get another electrician to look at it after 2 weeks still no sign of and electrician.
I have sent a letter to the firm to which their solicitor replied on their behalf that they would not be taking the car back.
there was (is) a 3 month warranty on the car which runs out on 04/06/18.
please advice.
regards
George Head

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

Have they said why they are not taking it back?

Customer: replied 3 months ago.
The say that I have alleged the car is losing power but no evidence has been provided ( I would say the bty being flat is evidence). They also state that the electrician inspected it for loss of charge nut no evidence could be found . Even though the had to jump start the car.
Customer: replied 3 months ago.
They say there is no evidence of the car losing power . ( not starting) even though the electrician had to jump start the car.

Thank you. 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 (not against the manufacturer as they will only be responsible under a manufacturer’s warranty that came with the vehicle). 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. The age and value of the vehicle will also be relevant and the expectations of older vehicles will certainly be lower.

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.

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.

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Ben Jones and 3 other Law Specialists are ready to help you

Thank you. If they refuse to resolve this, you will eventually be seeking compensation against them. 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.

Customer: replied 2 months ago.
Please stop charging me £ 47.

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