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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 10012
Experience:  Senior Associate Solicitor
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I would like to speak to someone regarding the unfair

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Hi..I would like to speak to someone regarding the unfair treatment from a car dealership who sold my partner a car with serious underlining problems which was covered over, and now they are refusing to do something about it.
JA: What steps have you taken so far?
Customer: I've proper evidence from a mechanic of the car being faulty from the purchase. All the faults have been documented, written and videotaped and sent to the dealers. Now I have made contact with yourselves
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Apart from my partner and I getting bad attitude from their supposedly Aftercare manager, no that's it.

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

I will set out your rights here in my next message.

It is excellent that you have the evidence already - you will need this if the court becomes involved in this dispute. The dealers should be aware of your consumer rights. Some dispute these claims regardless though, so you now need to put more pressure on them.

To summarise the law, 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 questions at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

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