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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61253
Experience:  Qualified Solicitor
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Thanks for your time. I bought a second hand car (4 years

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hi thanks for your time. I bought a second hand car (4 years old) in Feb 2019 from nationwide garage chain. 1 week after the 6 month warranty was up the car broke down and have been told the engine has cracked and the vehicle needs a new engine or be scrapped.
JA: Because consumer protection law varies from place to place, can you tell me where this is?
Customer: S.Wales
JA: What steps have you taken so far?
Customer: I've sent a letter to them regarding the issue and have had a reply saying they won't consider liability as it was out of the 6 moths warranty arranged for the RAC to do an independent assessment on the car (but they tell me they won't be able to tell me when it happened)
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I've obviously spoken to citizens advice but the company are refusing all liability

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.

Are you able to get an inspection carried out by the manufacturer or local dealer?

Customer: replied 13 days ago.
I can get the RAC to do inspection
Customer: replied 13 days ago.
no thanks
Customer: replied 13 days ago.
hello

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. Any warranty you get is just an extra perk and does not in any way affect these legal rights I will discuss here.

 

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.

 

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 12 days ago.
what I really need to know is that if I get an independent assessment done and they can't tell me when the damage started (have spoken to the RAC and they've told me they wouldn't be able to pinpoint this) then under the consumers right act (outside of the 6 months warranty) I have to prove it was faulty when I bought it, do I have any chance of getting any of my money back? I've been advised to go to the motor ombudsman as well. Would this help?

After 6 months of ownership it is for you to prove that there was something wrong with it at the time of purchase. It is impossible for me to say whether you will get any money back in that case because it really depends on what was wrong with it, what evidence you have and what the court really thinks is fair and reasonable. There is always a chance of recovery, I just can’t tell you how high/low.

 

As to the Ombudsman, you can only use them if the seller had signed up to their Codes, if they have not then they will be powerless to bet involved

 

Does this clarify things a bit more for you?

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 11 days ago.
Yes thanks

All the best

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