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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61056
Experience:  Qualified Solicitor
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We sold a car 3 months later the customer rang to say they

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we sold a car 3 months later the customer rang to say they had a problem with the engine. We agreed to refund them £250 towards the cost and duly sent them the money.2 months later we have received a letter saying the cost of repair was £3710.00 and they are asking for half of this i.e £1855 or they will pursue us through court for the full amount. Where do we stand legally?
JA: Where is this? And just to clarify, when was the purchase made?
Customer: It was opurchasrd on 15th May 2019, they first contacted us on 30th August 2019. We paid them the £250 on 2nd Sep 2019. The customer is in Chesterfield and the repair was done in Castleford, we are based in Holmfirth
JA: What steps have you taken so far?
Customer: None we have only just received the letter
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no i don't think so

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

How did you come to agree on the refund of £250, what was this based on?

Customer: replied 7 days ago.
He rang to let us know about the problem we suggested the £250 and he agreed

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 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:

{C}· of satisfactory quality – they must not be faulty or damaged when received

{C}· as described – they must match any description given at the time of purchase

{C}· 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. The first one is to ask for a refund within 30 days but they did not do that so it is on to the next rights, which are to get either a 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.

 

You could have offered to arrange the repairs yourselves and covered the costs. If you allowed the customer to carry out the repairs elsewhere, then you would have still been liable for these, hence why it is always best to either do them or arrange them yourselves do that you retain control over this and the costs.

 

Just because you gave them a contribution towards the repairs does not mean you no longer have any liability so the only way out of this is to try and show that the issues had nothing to do with the car being sold with such an issue, bit that it was something that came up after the purchase and was not there at the time.

 

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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 5 days ago.
Yes thanks

All the best