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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 542
Experience:  Solicitor at BLM
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I need advice with regards to a second hand car i bought

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I need advice with regards ***** ***** second hand car i bought from a dealers, in which it was sold faulty / not fit for purpose and the dealers are not forthcoming with repairing or refunding my money.
JA: Where is this? And just to clarify, when was the purchase made?
Customer: I bought the car from a dealers in Essex, however i live in Tonbridge but work in London. The car was purchased on the 12th August, they were made aware of the problem after 3 weeks.
JA: What steps have you taken so far?
Customer: Several telephone conversations, i also have emails which i sent. They sold me a 2010 mini convertible which was burning excessive oil and water in which large plumes of smoke were emitting from the exhaust. The car was sold with 12 months warranty, which the dealers told me i had to use. However the warranty company instructed me to have the engine stripped down and accessed nothing was broken and have closed the case. So now i have a car in a third party garaged with no engine in.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: When i bought the vehicle it had an oil service and M.O.T the same day, and after two weeks the engine oil was showing below minimum, together with the water levels. The rear of the vehicle is covered in a film of oil. The engine is burning oil and water internally and requires a new engine. The garage were made aware within the 30 days of buying the vehicle, however they instructed me to go through the warranty company they supplied the vehicle with, rather then offering to fix the vehicle or provide a refund as the vehicle was not fit for purpose. I have owned the vehicle for 3 months but only drove it for two and a half weeks, it was been in a garage for the past 2 months.

Hello

Welcome to Just Answer.

As rightly stated it appears the vehicle sold to you was not fit for purpose and/or satisfactory quality in accordance with the Consumer Rights Act 2015.

Given the dealers have failed to repair or refund the money they have now failed to abide by the remedies you are entitled under the Consumer Rights Act.

In light of the position i suggest you undertake the following steps below. Before i proceed please confirm you understand my comments so far?

Customer: replied 13 days ago.
Hello, i do understand you comments and would like further advice.

Write a letter to the dealer detailing the fact he has sold a vehicle not fit for purpose and of satisfactory quality in accordance with the Consumer Rights Act 2015. Remind the dealer that one of the remedies available when such rights are breached are repairing the vehicle at no costs to you and/or a refund.

Further notify him that if steps are not taken to repair or refund the amount paid you will file a written complaint to the motor ombudsman and trading standard.

Do you require the motor ombudsman's contact info?

If not, i hope i have clarified the position, if not please let me know.

Thanks

You can still send your query via text despite the phone call failure

Customer: replied 13 days ago.
Hi, I have searched the motor ombudsman and the garage dealer is not listed with them. I have also sent them a letter stating the consumer rights act 2015, but they did not respond to my email.

You can consider making a complaint with the trading standards. Further you can consider bringing court proceedings against the dealer for the amount you paid or alternatively the repair costs.

 

 

Please can you confirm whether the amount paid for the vehicle was less or above £10000?

Customer: replied 13 days ago.
The vehicle cost £5150, which i paid in full with my visa debit.

Ok if you go down the court route please use the link below to commence such action.

https://www.gov.uk/make-money-claim

The site above will also give you guidance on undertaking such action.

Before you consider the court route I suggest you notify the dealer that if further action is not undertaken wihin 14 days you will commence court action

 

 

 

 

I hope I have clarified the position if not please let me know.

If I have clarified the position please click on the 5 stars button at the top of your screen as this will help improve the service given in future.

Please note rating does not come at any extra costs.

 

Thanks

Anthony Chendo and other Law Specialists are ready to help you
Customer: replied 13 days ago.
Thank you for your advice.
I will send the garage another email suggesting the 14 days until i commence court action.

Your welcome and thanks for the rating