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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70249
Experience:  Qualified Solicitor
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I purchased a car on 15th May 2020 and purchased a 1 year

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I purchased a car on 15th May 2020 and purchased a 1 year warranty. I have had a number of issues with the vehicle and the dealership have refused to give me details of the warranty company and has not responded to my issues. So far i have spent car including warranty payment £5999 - Vehicle repairs 2044 and now there is an issue with the gear box. COul dyou please assist me with this issue
JA: Because consumer protection law varies from place to place, can you tell me where this is?
Customer: This is in London
JA: What steps have you taken so far?
Customer: I have repeatedly contacted the dealership by phone and have also sent numerous text messages.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No i think that is everything.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

What do you specifically want to know about this, please? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 7 days ago.
I would like to know what my options are. Obviously I have paid for a warranty which has not been honored and i have a car which has mechanical issues and so far have paid out £8043...

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. When a person buys a 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.

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.

As to the warranty, if they are refusing to put you in touch with the company, you can simply ask for the warranty fees back and add these to any amount you are pursuing them for.

The following are the relevant links:

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

The County Court: https://www.gov.uk/make-money-claim

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 7 days ago.
If I wanted a solicitor to take this on and deal with this on my behalf is that something you could assist with? The vehicle has a significant gearbox issue, which left unresolved could damage the engine rendering the vehicle worth nothing. As stated with the purchase, repairs and warranty I am over £8000 out of pocket. Due to the date of purchase this puts your comments above out of scope in relation to 30 days.
.

Unfortunately we cannot take a case on for you as we are just an online chat service. For that you would need to instruct someone locally. The 30 days is only relevant in terms of rejecting the car for a refund, but you can still pursue them for any costs incurred due to repairs for example, if they were supposed to be done by them but they refused

Ben Jones and other Law Specialists are ready to help you
Customer: replied 7 days ago.
Thank you for the advice

You are most welcome and all the best