How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61234
Experience:  Qualified Solicitor
29905560
Type Your Law Question Here...
Ben Jones is online now

Just less than 2 months ago I purchased a motor car for the

This answer was rated:

Just less than 2 months ago I purchased a motor car for the sum of £3700 which has subsequently suffered a total engine failure and, were that not enough to deal with has been found to have a water leak into the passenger cabin which has adversely affected the electrical system causing a battery drain.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: No, I have spoken to citizens advice in the UK
JA: What steps have you taken so far?
Customer: correspondence via email but the seller, a motor trader refuses to comply with my basic consumer rights which demands that the vehicle be repaired at their cost or a replacement or refund of the asking price.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: only that, for 19 out of the 43 days and 1127 miles the car has covered before it failed, that I was out of the country, and four weeks prior to purchasing the car I was involved in a serious road traffic accident, so as you can imagine the car and the seller has caused me nothing but stress that I don't need right now.

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 pay for the car?

Hello, I am not sure if you saw my query above:

How did you pay for the car?

 

Customer: replied 12 days ago.
3700.00

Not how much, but how - cash, bank transfer, credit card?

 

Hello, I am not sure if you saw my query above:

Not how much you paid, but how - cash, bank transfer, credit card?

Customer: replied 10 days ago.
I paid via bank transfer

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:

{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. 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?

Customer: replied 10 days ago.
I have already filed a claim through the small claims court.

I have sufficient evidence that the seller is unwilling to repair the vehicle.

They have offered to repair the vehicle but I must pay transportation costs, which is unacceptable.

They have also offered a refund minus unrealistic fed's such ad transportation of the vehicle back to them plus a "restocking fee" of £99 plus a reduction from the base price of 55p per mile covered (over £600).

I have suggested exchanging the vehicle for one of similar value, they refused.

The only acceptable solution will be for the seller to refund me £2000-2500 and allow me to keep the vehicle to either break it for spares or repair it myself using a donor car.

Fact is the car has catastrophically failed after covering a distance of only 1127 miles which should meet the criteria of "unfit for purpose" not to mention the water ingress into the passenger compartment.

Ok thanks, now that you have started a claim what else would you like to know about all of this please?

Customer: replied 10 days ago.
Nothing, thanks.

ok no worries, all the best

Ben Jones and 2 other Law Specialists are ready to help you