How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 63492
Experience:  Qualified Solicitor
29905560
Type Your Law Question Here...
Ben Jones is online now

I bought a car in December day before Christmas it had

This answer was rated:

Good afternoon, i bought a car in December day before Christmas it had faults, returned it back to dealer to fix on 27th, it still not fixed they waiting on the part. Every Monday they were saying that they expecting part by the end of the week, when I was asking for courtesy car, they haven't had any available. Contacted finance company to help me with issue on 28th on January. Today received response that they can't assist with the complain because car is mechanically fine, i can apparently drive it. And that dash board is not working is not a reason for rejection. Car is not expensive 6.800.
Assistant: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: No
Assistant: What steps have you taken so far?
Customer: Just spoke to finance company made complaint but they refused to help after 14 days of waiting for their responce
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.

Customer: replied 16 days ago.
Hello, my name Olga Sataviciene

What are the faults and what are you ideally hoping for, given the situation?

Customer: replied 16 days ago.
The dash board is not working, can't zero the millage, can't see fuel cunsumption, range and so on. Just can change time. Left car with dealer to fix, it still there, not fixed. They waiting still on a part. Want to reject it now, because 2 month quite reasonable time for fixing. Now they say that I can drive it until part will arrive and that is not reason to reject.
Customer: replied 16 days ago.
But it doesn't have even basic function to zero the trip.

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.

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 16 days ago.
I haven't had a car for 30 days it was @their garage. Am I still able to reject in 30 days?

I assume you have had it since purchase?

Customer: replied 16 days ago.
No, i had it for 2 days, and then it was in their garage and still there

the 30 days for rejection would still run from the time you had the car in the first place, even if you have not had it in your possession all the time since. Does this clarify?

Customer: replied 16 days ago.
Thank you, do I need to wait now, until they will repair it if they will? Because I haven't reject it in 30 days period? They haven't repaired it in 2 month, they could play for another 4 ? I confused completely don't understand what do I need to do.
Customer: replied 16 days ago.
Do you help with writing the letters? How much would it be if you do?

No, any repair must be done without causing you significant inconvenience, although how long it takes will obviously depend on what s wrong with it. If it appears to become unreasonably delayed, considering the issues and how long they should take to fix, you can still push for a refund or replacement. Does this clarify things a bit more for you?

Ben Jones and 3 other Law Specialists are ready to help you