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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 69168
Experience:  Qualified Solicitor
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My daughter’s partner bought a car this morning from a

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My daughter’s partner bought a car this morning from a dealer. She took it straight to a garage for a service s the dealer refused to do one. That garage performed a free safety check and it showed that there were several major faults that would cost quite a bit of money to put right. It was also revealed that the last MOT was clearly a fake as none of the previous advisories had been attended to and yet an MOT pass was given (with 3000 miles less than on the prior one!) The car has been returned but the vendor is unwilling to make a full repayment. Citizens advice stated that she is entitled to a full refund including the fuel she put in; this he’s also unwilling to pay. The girls have sat at the vendors most of the day waiting for the chap to turn up and return their money but has not shown up. He has said he’s made a bank transfer for all but £50 which he states is to pay Autotrader to readvertise an obviously dangerous car and the £40 fuel cost. Aside reporting the faulty MOT to the government and informing Autotrader about the false advert is there anything else we should be doing with regards ***** ***** vendor and the lost money. Many thanks. Trevor
JA: Where is this? And just to clarify, when was the purchase made?
Customer: A garage in the Luton area and purchased this morning.
JA: What steps have you taken so far?
Customer: Aside talking the Citizens Advice, nothing. The girls have just sat there all day waiting for the guy to turn up, which he did not manage.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don’t think so.

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.

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 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 which you can do in the County Court.

Does this answer your query?

Customer: replied 2 months ago.
Ben hi. Subsequent to my submission the girls have technically agreed to walk away with the £90 loss. Not my advice! Am I right in assuming this now mitigates any follow up with the County Court?
Customer: replied 2 months ago.
I assume we can still report the incident to Trading Standards?

I would say it is pointless going to the Small Claims Court for £90 in the circumstances – a lesson learnt I would say and leave it at that. However you can still report to TS if needed.

Does this clarify things a bit more for you?

Customer: replied 2 months ago.
As I figured. What, if anything would you recommend I do about reporting the trader to someone? He’s definitely going to try to sell that unroadworthy car to someone else.

Your only options are social media and TS can be contacted here:

https://ssl.datamotion.com/form.aspx?co=3438&frm=general&to=flare.fromforms

Ben Jones and 3 other Law Specialists are ready to help you
Customer: replied 2 months ago.
Fabulous. Thanks very much.

You are most welcome