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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 60512
Experience:  Qualified Solicitor
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I purchased a car in June paid £10k for it and from day one

Customer Question

Hi
JA: Hello. How can I help?
Customer: I purchased a car in June paid £10k for it and from day one it has not been right, the auto box went on it and it got sent to a garage to get it sorted over £2k which eventually the garage paid for, engine light has come on since and cost me a further £400 to resolve which they are not paying for and Im not sure where to turn! They have fobbed me off and I spent all my savings to what I thought to better myself! Surely under the sales of good act it as not been right from day on! Any help and advice would be appreciated thanks
JA: Where are you? It matters because laws vary by location.
Customer: Rochdale, England
JA: What steps have you taken so far?
Customer: Be patient, let them sort the first repair even though it took two attempts! Visited the garage with this latest problem which I paid £400 to sort it and they do not want to know. I even asked if I could swap it for another car and they said they would give me £6300, loosing £3k in three months surely that is not right when its not fit for purpose?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no that's about it
Submitted: 9 days ago.
Category: Law
Expert:  Ben Jones replied 9 days ago.

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

Expert:  Ben Jones replied 9 days ago.

What are you ideally hoping to achieve in the circumstances, please?

Customer: replied 9 days ago.
Ideally to get my money back for the car and return the car! If not certainly get the £400 which I have spent to solve another fault on the car!
Expert:  Ben Jones replied 9 days ago.

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. 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?

Expert:  Ben Jones replied 8 days ago.

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

Expert:  Ben Jones replied 7 days ago.

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you