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JimLawyer
JimLawyer, Solicitor
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Experience:  Senior Associate Solicitor
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I have purchased a car for £16000 at the end of November and

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I have purchased a car for £16000 at the end of November and have nothing but problems with it. I wanted to return it for a refund but the dealer said I had to give him a chance to fix the issues. More things keep going wrong with the car and now it’s on another fault I have had enough and want to return it for a refund (with still one of the original faults outstanding) but they say I can’t because it’s over 30 days. Is this true?
Assistant: Where is this? And just to clarify, when was the purchase made?
Customer: I bought the car out right from Nicholas Bentancourt Ascot and got it on 22nd November 2019.
Assistant: What steps have you taken so far?
Customer: I’ve contacted them via phone calls, Whatsapp and text messages. I’ve taken the car to three different garages, two were at the request of the dealer, the last one was the nearest garage after a breakdown when the dealer was on holiday and I had no choice because it wasn’t working.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: There’s still one original fault with the steering wheel that is going back to the garage on Tuesday and now there’s a new fault with the traction control. I’ve done everything they have asked and I keep having to take time off to go to different garages and I’m now £279.81 out of pocket from the breakdown. What should I do?

Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you this evening.

If it's more than 30 days since taking delivery then they are allowed one chance to fix it - if this fails then a full refund can be sought.

The consumer laws state that if you purchase a used vehicle from a dealer you have rights under the Consumer Rights Act 2015, which states that the vehicle has to be:

· of satisfactory quality in that it must not be faulty or damaged when received

· as described in that the vehicle must match any description given at the time of purchase

· fit for purpose in that it should be fit for the purpose intended

If the vehicle does not meet the above then you will be able to enforce your rights and sue for your money if the dealer refuses to give you the money back. The claim would not be against the manufacturer as they will only be responsible under their warranty which came with the vehicle.

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 which must be done within 30 days of purchase or delivery.

2. Repair or replacement and this can be done within the first 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 you want to keep it, you 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.

You need to contact the dealer and advise them of which option you want to go through with. If they refuse then I would advise that you report them to Trading Standards (tel: 03454 040506) and commence legal proceedings via the money claim online site (www.moneyclaim.gov.uk) for your money back.

Before you do this however you should send them a 14 day letter before action to warn them of your intentions, to allow them to avoid litigation and resolve this dispute. I attach a template letter for you to use which will hopefully resolve the dispute.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim


Customer: replied 1 month ago.
Thank you Jim, that is very helpful. Does it matter if there are numerous faults after the original faults? There’s one outstanding from purchase but more since that are now requiring attention. The value of the car remains the same (if it were in full working order) so has not depreciated in the last 8 weeks. Do I have to give them one chance to fix each problem? Sorry to bombard you with questions.

My pleasure. The fact there are numerous faults only strengthens your case in my view. It all confirms that the car was not of adequate quality, not free from defects and therefore not fit for purpose.

You would just need to give them once chance, post-30 days from delivery, to fix the fault - if it is not fixed even now then you can request a full refund.

JimLawyer and 5 other Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you