How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 58806
Experience:  Qualified Solicitor
Type Your Law Question Here...
Ben Jones is online now

Bought new car 3 weeks ago. In perfect condition. Car needed

This answer was rated:

Bought new car 3 weeks ago. In perfect condition. Car needed a new lid flap similar to a glove compartment cover. Was aware of the need for a replacement cover when car purchased. Car taken back to dealer for the replacement lid to be fitted a week after purchase. The work entailed taking the whole fron console panel off and disconnecting wiring. When the wiring was refitted the car wouldn't start. Car has been with the deler for 8 working days and despite communication between them and Vauxhalls technical department the car is still unfit for purpose. I bought the car partly uner hire purchase. What rights have I under the Consumer Rights Act ?
Assistant: Because consumer protection law varies from place to place, can you tell me where this is?
Customer: Car purchased from a Vauxhall approved dealer in Watford Hertfordshire.
Assistant: What steps have you taken so far?
Customer: I've permitted the garage to try to rectify the problem. Have spoken at the end of each day for an update and made notes of the progress or rather lack of progress. Haven't given any notice at this stage that I intend to take further action.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Have I remedy under Consumer Rights Act and if so who do I go to before 30 days . Is it the dealer or the finance company ( It's Vauxhall's finance company )

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

Given the issues you have been having with the car, what are you ideally hoping for so that I can advice?

Customer: replied 6 months ago.
I just want to know what I should do before 30 days have elapsed

When a consumer makes a purchase from a business seller, they have certain 'statutory' rights under the Consumer Rights Act 2015, which states that the goods must 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 they do not meet the above requirements, you will have certain legal remedies against the seller. Any rights against the manufacturer will only be under a manufacturer’s warranty that came with the goods. Do note, however, 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.

Whilst the initial fault was known to you, it is the subsequent actions which have created the issues so they cannot rely on this to say you were aware there was a problem with it.

The rights against the seller are:

1. Reject the goods and request a refund – this is known as the ‘short-term right to reject’ and 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 that if the consumer can no longer reject the goods for a refund. It is the consumer’s choice as to whether they opt for a repair or replacement. There is a ‘one shot chance at repair’, meaning that if a repair has failed, the goods can still be rejected for a refund, even after the initial 30 days have passed. Alternatively, if the consumer wants to keep them, they can ask for a price reduction, based on what is wrong with them.

Once a decision has bene made on which option you would pursue, 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 statutory rights, you will have no choice but to report them to Trading Standards and start legal proceedings through the County Court to seek compensation.

Does this answer your query?

Customer: replied 6 months ago.
Thank you for your answer. I'm prepared to give notice of rejection of the car if the fault is not fixed before 30 days but should I do this through the finance company ? I took advantage of a good deal by purchasing a fraction of the car's price on hire purchase.

Yes they are officially considered the seller in the circumstances so your rights are against them.

Customer: replied 6 months ago.
Thanks for your advice. The ball is now in my court !!! I may come back on this in the future. Once again,thanks

you are most welcome and all the best

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