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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor
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My Car was repaired last year while it was under warranty

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My Car was repaired last year while it was under warranty with the dealer i bought i from, i got it through finance now the dealer took it to one of the garage who repaired the car and told me its under warranty for a year. The problem i had was then my car wasn't going into reverse and didn't want to pick up the speed so they changed couple things on my gearbox and that time they also told me they changed to gearbox now the same problem returned in regards ***** ***** picking up the speed. they advised me now they done a diagnostic and that shown that the car now doesn't want to go into 3rd gear and i need to pay £3000 to replace the whole gearbox
JA: Because consumer protection law varies from place to place, can you tell me where this is?
Customer: london
JA: What steps have you taken so far?
Customer: i spoke to the finance company and they told me if the garage is saying its new issue then its a new issue and because my car is 62 plate its not a new car also when i bough the car mileage was 60500 now its 70560 i think but i bough the car last year march
JA: Anything else you want the lawyer to know before I connect you?
Customer: yeah i don't know what to do tbh

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

Customer: replied 3 months ago.
My Car was repaired last year while it was under warranty with the dealer i bought i from, i got it through finance now the dealer took it to one of the garage who repaired the car and told me its under warranty for a year. The problem i had was then my car wasn't going into reverse anddidn't want to pick up the speed so they changed couple things on my gearbox and that time they also told me they changed to gearbox now the same problem returned in regards ***** ***** picking up the speed. they advised me now they done a diagnostic and that shown that the car now doesn't want to go into 3rd gear and i need to pay £3000 to replace the whole gearbox

How long after the repair did the problem re-occur?

Customer: replied 3 months ago.
it was done last July
Customer: replied 3 months ago.
2018
Customer: replied 3 months ago.
can we discuss by message

Sure no problem. How long after this did the car have the issue again?

Customer: replied 3 months ago.
i don't have that amount to pay right now
Customer: replied 3 months ago.
it happened last week again
they repaired it last july 2018
Customer: replied 3 months ago.
but the only difference is the different gear first the problem was reverse now its third gear

OK no problem; you do not need to accept the phone call. Leave it with me for now and I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 3 months ago.
ok thank you

Many thanks for your patience. the issue would really be whether this is a new problem or one connected to the original one. I would not necessarily trust the dealer’s opinion on this as they could say something that is not necessarily correct just to suit their own position so it would be best to get a couple of independent opinions on this to determine what has caused the issues.

As far as your legal rights are concerned, 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. 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.

It is also important to note that the law assumes that any issued which develop within the first 6 months of buying the car were present at the time of purchase, unless the seller can prove otherwise. If they develop more than 6 months after purchase, it is for the buyer to prove that they were there at the time of sale.

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.

Does this answer your query?

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 3 months ago.
Hi there,Yes it has, i am waiting for a engineer to have a look at it and once they get back to me i will sent the garage who repaired it a letter with the attachment and see what they say.Thank you
Customer: replied 3 months ago.
34;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" What does that part mean?
.

Which part specifically?

Customer: replied 3 months ago.
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"

ok that is quite self-explanatory, what are you unsure about in relaiotn to it?

Customer: replied 3 months ago.
Ok, if i prove that the fault was there when i bought it, Can i give it back to the garage but my car is on finance

Yes, if it was there at time of purchase, they would be responsible for it, as long as you were not specifically advised about it. Also you need to approach the finance company to reject it, as they are officially the seller. Hope this clarifies?

Customer: replied 3 months ago.
Ok No problem, thank you
i understand now

All the best

Customer: replied 3 months ago.
Ok thank, if i do need to get back to you for further assistance i will get back to you.

No problem thanks

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