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Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.
AS you bought the car privately, some key parts of the Consumer Rights Act 2015 do not apply, for example the car does not have to be of satisfactory quality or fit for purpose - you are responsible for ensuring the car is of satisfactory quality and fit for purpose before buying it - however, contract law does apply nevertheless. Therefore, the car has to be accurately described and there cannot be misrepresentation. The onus is unfortunately on the buyer to ask any questions about faults with the vehicle. The car does have to be roadworthy - I am unsure if your Audi report states the car is roadworthy or not?. If Audi say that those faults make it unroadworthy, you have a case against the seller. If not then as I say, the rights are limited to misrepresentation and accuracy of the description.
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Thanks, ***** ***** likelihood the problem was present before you bought it - the Audi report confirms this is the likely situation. If you were to sue, the court would look at the Audi report and you only need to show that "on the balance of probabilities", the fault was there before you bought it (or 51% chance, which is the burden of proof).
I would propose a rejection of the car. The key evidence is the Audi report - if you do ask the court to make a judgment on this then the court is likely to be on your side.
With the claim value, being under £10,000, the case would be allocated to the small claims track so would be dealt with on paper by a judge. I realise there is an issue with the person being your neighbour so it could strain relations somewhat if you decided to sue them.
Do you want me to advise how to sue or do you want to try resolve matters more amicably at this stage?
Hi, I can help with content for a letter but cannot do it myself as this is a Q&A site and solicitor/client relationships are not allowed on here.
If someone sells a car which is not roadworthy, this is a criminal offence under Section.75 of the Road Traffic Act 1988 so yes, the Police would take an interest if you were to report his.
Apologies, I am only able to offer advice on this forum so you would need to instruct a law firm to do a formal letter.
It would be by the hour if you ask a solicitor to do it - if you try Stephensons Solicitors they can help (tel: 0161(###) ###-#### or a local reputable firm
You would have to email***@******.*** as I just give answers on this forum to legal questions.
Yes that's correct.
This is a useful site : https://www.which.co.uk/consumer-rights/advice/the-second-hand-car-i-bought-has-a-problem-what-are-my-rights
They could reject the keys and if they do, just say that the rejection is their choice and you will bring this up with the court when the court decides the issue of consumer rights. You can keep hold of the car in that scenario but I would not use it until the court case has finalised. If you lost the court case then the car would be your property. They could use the car if they take it back although again, this would be conduct which the court would consider when it decides
Yes, the court will decide the issue based upon your AA report, so it would be churlish for them to not accept your offer - incidentally your offer is fine and the wording spot-on.
Let me know how it goes
Yes, I was saying above that the key parts of the consumer rights legislation does not apply to private car sales - if a car isn't as described, then the law states that a car should be of a satisfactory quality, fit for purpose and as described in the advert. Again, it comes down to contract law and misrepresentation. The sale of goods act applies to purchases before 01/10/15 and after that the consumer rights act applies. There are key features in the consumer rights act which applies to sales of cars from dealers but not to private sellers - but the former rules still apply so the Q7 has to be of satisfactory quality, fit for purpose and as described (not misleading, etc).
In your case I would say the misrepresentation act is valid as it covers you for any false/misleading/fraudulent representations. You can quote that in the claim form and use the AA report to support your case. In relation to the car advert not matching the description and the car being faulty, etc, you can also say that there has been a breach of contract in common law (for the misrepresentation).