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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 68162
Experience:  Qualified Solicitor
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I bought a car from a Mercedes dealer, after a while I found

Customer Question

I bought a car from a Mercedes dealer, after a while I found out that the car was clocked out
Assistant: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: I’m in London
Assistant: What steps have you taken so far?
Customer: Contact the dealer, went to see him .then he said he doesn’t garantee the mileage
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No thanks
Submitted: 5 months ago.
Category: Law
Expert:  Ben Jones replied 5 months ago.

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.

Expert:  Ben Jones replied 5 months ago.

When did you buy the car and how long after this did you discover the issue with the mileage? Also, what are you ideally hoping for?

Customer: replied 5 months ago.
I bought it in March 2019
I found out when I took the car the service 6weeks ago
Expert:  Ben Jones replied 5 months ago.

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 5 months ago.
Customer: replied 5 months ago.
It’s approved payment
Expert:  Ben Jones replied 5 months ago.

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. In this case you would be arguing that the car was not as described as it did not match the actual mileage.

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.

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?

Expert:  Ben Jones replied 5 months ago.

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

Customer: replied 5 months ago.
I knew all what said Sir , I went to the seller many times . He keeps ignoring me and told he don’t guarantee the mileage
Expert:  Ben Jones replied 5 months ago.

He cannot avoid guaranteeing the mileage. But you cannot force him to accept that so if he is not willing to do so your only option is to take legal action for compensation. Does this clarify things a bit more for you?

Customer: replied 5 months ago.
What I found out is this has been serviced twice in 1 month in Brentford Mercedes garage
Customer: replied 5 months ago.
With same mileage
Expert:  Ben Jones replied 5 months ago.

Ok thanks but the original answer still stands – the car is basically ‘not as described’ and your rights are still the same as above. Does this clarify things a bit more for you?

Customer: replied 5 months ago.
Actually no
Expert:  Ben Jones replied 5 months ago.

Ok so what else would you like to know, I have explained your rights above in full?

Customer: replied 5 months ago.
I think I should take action against the dealer but at the the moment I can’t afford the solicitor fees
Expert:  Ben Jones replied 5 months ago.

Yes that is what you need to do but I am unclear on your comments above that the question has not been answered so that is why I am trying to work out what else you need me to clarify?

Expert:  Ben Jones replied 5 months ago.

Do you need further help?

Customer: replied 5 months ago.
I would love to
Expert:  Ben Jones replied 5 months ago.

to do what?

Expert:  Ben Jones replied 5 months ago.

Do you need any further assistance with your query, please?