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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61803
Experience:  Qualified Solicitor
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I had an question regards consumer act rights 2015

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I had an question regards ***** ***** rights 2015
Assistant: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: UK, nobody is helping.
Assistant: What steps have you taken so far?
Customer: Tried to reject the car through finance company and dealer
Assistant: 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.

When did you buy the car and why do you want to reject it?

Customer: replied 15 days ago.
Hello Ben
Customer: replied 15 days ago.
Please feel free to ask me any question

Hi there. please provide the information requested above.

When did you buy the car and why do you want to reject it?

Customer: replied 15 days ago.
15.05.2019 - had fault since day 1. It has been 4 times in dealership for repair and still not roadworthy

Did you request a refund or try to reject the car when you first discovered it had a fault?

Customer: replied 15 days ago.
I have, I have sent an email to salesperson that I won't to reject the car. He has not replied in writing but was trying to persuade not to reject it but repair it instead

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.

Customer: replied 15 days ago.
Thank you

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:

· 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.

 

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 15 days ago.
Right, car was there on 3 occasions
1st to fix black smoke issue (no improvement
2nd to fix same issue (they improved black smoke problem but there is another problem now - diesel smell inside van)
3nd time - to fix diesel smell (not repaired properly problem persists.

Finance company presist that the problem is caused by injector which is faulty and wear and tear. Does that affect my chances of getting my compensation?

Not necessarily, but you simply cannot force them to agree with your interpretation of things so if you cannot reach an agreement you may have to get an independent mechanic to inspect and provide a professional opinion. Does this clarify things a bit more for you?

Customer: replied 15 days ago.
Finance company sent independent mechanic and he confirmed the fault but he called it minor and that it can be fixed by dealer in 15-20min.

And have they tried that - is that what they have tried to do these 3 times?

Customer: replied 15 days ago.
As I said 1st time black smoke issue 2nd time still fixing 1sr issue and created another (current) issue with smell inside which I took it back on 3rd visit and they haven't fixed it properly..

Ok then it is clearly not a simply issue as determined by that mechanic and you should seek a second opinion from someone else

Customer: replied 15 days ago.
I wanted to reject it after 1st issue, they have repaired it 2xe though and created another issue which according to that independent company is minor
Customer: replied 15 days ago.
Basicly finance company is backing the dealer up

Did you specifically request a rejection after the first issue, which they refused to accept?

Customer: replied 15 days ago.
I have, I never received a reply. I was not aware of consumer act right at that time so was not sure that it is possible to reject it.

Ok the key is whether you ,made that request at the time and it was within the initial 30 days, or after the first unsuccessful repair. If you did but they failed to accept it you can stiil go back to that and expect them to honour it or if they fail to do so you have to eventually consider court. Does this clarify things a bit more for you?

Customer: replied 15 days ago.
Good afternoon Peter,

As you know I bought this Ford Transit connect YH64LBE on 15.05.2019 with the black smoke issue. As soon as we left the gates dealership my wife called me and told me that there is a black smoke behind me when I accelerate. I took it to the Think Ford in Farnborough for a service and they have been unable to find the fault. Therefore I am not happy anymore using this car and would like you either to change it for another transit connect and take this one back or cancel the finance as I bought it with hidden issue. Even the mot certificate from last year says that it failed mot because of "emits visible smoke of any colour" I was trying to get reach of you since morning. Thanks for positive reply.

David
Customer: replied 15 days ago.
I have sent this message 13 days after I bought the van to sales person
Customer: replied 15 days ago.
He does not work there anymore

ok you can still rely on that to try and reject it but remember you cannot force them to accept that, it just means you may have to go to court to seek a resolution in that event

Customer: replied 15 days ago.
Ôk but would I stand a chance in court. Or does that email qualify as rejection letter.

You would stand a chance I just cannot say how strong, we cannot estimate prospects of success

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

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you

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