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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61647
Experience:  Qualified Solicitor
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I bought a car on in the beginning of Sept and found a fault

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Hello, I bought a car on in the beginning of Sept and found a fault in Oct. The dealer keeps pushing me around and the car hasn’t been repaired as yet. The finance company refuses to unwind. What are my rights. This has been very inconvenient and stressful as i have a young baby.
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: London UK
JA: What steps have you taken so far?
Customer: I have contacted the dealer and he lied about the warranty. He keeps making promises to repair and nothing has been done. I took the car to a garage for a diagnosis
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

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

How long after buying the car did it present you with a fault?

Customer: replied 8 days ago.
I bought the car on the 9th of Sept and found the fault the 2nd week in Oct. I wasn’t sure it was a fault and tried to solve the flooding before contacting the dealer which I did on the 28th of Oct.

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.

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. Also, the seller will officially be considered the finance company so that is who you should be pursuing

 

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 7 days ago.
Yes thank you

All the best

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