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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 2331
Experience:  Dual qualified Solicitor and Attorney
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I know what I did want to ask you, I've only had the car

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I know what I did want to ask you, I've only had the car since October and since I bought it had been making a loud noise. I telephoned Stoneacre where I bought it from, and they said I'd have to take it too another branch to get it looked at to see what was wrong with it. When they looked at it they said it needed a new exhaust as it had split at the middle within the hose. It had been doing this since I bought it. So to me it never got checked when it left the company. Also the heated rear window light isn't work, plus they said they would T Cut a surface scrape out of the back bumper but it's not completely
gone. They told me they had to get authorisation from the manager from the branch I'd purchased it from and I've waited well over 3 weeks for some response and following 2 phone calls I've finally got a date. The manager at the branch where I bought it from in the servicing department told me that Mark from the Penistone Road Branch of Stoneacre had never been in touch with him and that he knew nothing about it. So I've purchased a car on finance that was faulty that I don't own and I won't own for 5 years, I have got a case hear for returning it.

Hi thank you for your message, you do have a case for returning it however this is not the first port of call. The Consumer Rights Act 2015 became law on 1 October 2015, replacing three major pieces of consumer legislation - the Sale of Goods Act, Unfair Terms in Consumer Contracts Regulations, and the Supply of Goods and Services Act. It was introduced to simplify, strengthen and modernise the law, giving you clearer shopping rights. As with the Sale of Goods Act, under the Consumer Rights Act all products must be of satisfactory quality, fit for purpose and as described.

If what you’ve bought doesn’t satisfy any one of the three criteria outlined above, you have a claim under the Consumer Rights Act.

If you want to make a claim under the Consumer Rights Act, you have several possible ways of resolving your issue, depending on the circumstances and on how you want the retailer to remedy the situation. In this case, because you have had the car for more than 30 days (assuming you did not report the fault in the first 30 days) then you can ask them to fix the fault they have one chance to fix the fault(s) and after that you can ask for a full refund (with a small deduction only for the period of use you have had of the vehicle). As the car is on finance you can also reject the car and the finance company should then act as an intermediary in terms of collecting the money.

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

 

Customer: replied 12 days ago.
I did report the in first 30 days
Customer: replied 12 days ago.
I did report the car within the first 30 days

Ok, great so if you have a record of that then you can ask for a full refund and it would be down to the garage to prove that the car was not faulty when they sold it to you which they are not likely to be able to do this. You should contact the garage and explain that you wish to reject the car as per the consumer rights act because you reported a fault within 30 days of possession and consider that it was therefore faulty when sold to you and you want a full refund. You should also tell the finance company asap.

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

 

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Customer: replied 12 days ago.
It was their own garage which belongs to stoneacre I never got a full report with the car when I purchased it.