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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 60512
Experience:  Qualified Solicitor
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I bought a car which does not engage reverse gear first time

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hello. I bought a car which does not engage reverse gear first time 20%of times as agreed by supplying dealer, yet they say this is not a fault. the car is a Vauxhall Crossland X with less than 11000 miles and has 22 months of manufactures warranty left. the fault was reported within two weeks of purchase and dealer said they could find no fault. after repeated visits to dealer they now report that their technician drove the car and tried reverse 10 times and was successful first time on 8 times so there isn't a fault. what is your opinion?
JA: Because consumer protection law varies from place to place, can you tell me where this is?
Customer: This is High Wycombe
JA: What steps have you taken so far?
Customer: Took car back four times to be tested. Complained to sales manager on 2 Oct. He authorised most recent check which produced above mentioned report on 8 Oct. Attempted to speak to him on 9 Oct, told he was on phone and will call me back but he hasn't.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Network Q brochure promised peace of mind and no nasty surprise but only after buying car does dealer point to instruction to repeat procedure to engage gear if you fail first time but 20%failure is surely to high and although they claim no grating of gears in their hands I don't believe them.

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

Have you had an independent inspection carried out on the fault?

Customer: replied 7 days ago.
No. Until I spoke with sales manager they insisted they could not fail it. I informed him that I intend to get an independent test after which they report the 20%first time fail but still insist this is not a fault
Customer: replied 7 days ago.
I am reluctant to run up another bill with you which could lead nowhere

Thank you. 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.

Many thanks for your patience. 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.

 

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.

 

It is also important to note that the law assumes that any issues which develop within the first 6 months of buying the goods 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.

 

Once a decision has been 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 days ago.
Thank you. The county court route may apply here. Thanks again

All the best

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