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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70855
Experience:  Qualified Solicitor
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I bought a car from Peter Vardy in Feb 2020 and have been

Customer Question

Hi, I bought a car from Peter Vardy in Feb 2020 and have been unable to drive this for the past two weeks due to being advised by the car to stop the engine immediately. On having this checked by a trusted mechanic, I have been advised the car needs a new engine which is going to cost me around £2000 all in! Peter Vardy tried to say it was not their fault of course to start with, however with my mechanic saying this has been a long term fault which has gradually gotten worse, I have been back and forward to them. They are calling me tonight as I have said I will take this to court. I just wanted to know where I stand legally. They said I should have taken an extended warranty, however I have only had the car 8 months and certainly did not think that I would have to be paying out £2K for a new engine for it ever, never mind after 8 months. Many thanks. Karen
JA: Since estate law varies from place to place, can you tell me where this is?
Customer: Sorry I am in Glasgow
JA: What steps have you taken so far?
Customer: I have had my own mechanic look at this and have sent the report to Peter Vardy. They have advised I have to take a car that can't move to their garage 10 miles away to have a diagnostic check. I will have this check done but by an independent source.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thanks
Submitted: 11 days ago.
Category: Law
Expert:  Ben Jones replied 11 days ago.

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.

Customer: replied 11 days ago.
Hi Ben, thanks for this
Expert:  Ben Jones replied 11 days ago.

Hi there. I am sorry to learn of the difficulty you have had with this. How long after buying the car did it first present you with an issue and when exactly did you first contact the dealer?

Customer: replied 11 days ago.
The issue first showed up on the car on Saturday 3rd October and I contacted the dealer on Monday 5th after the AA had been out. At that point the fault had not fully been diagnosed but when I called the dealer they told me I didn't have a warranty and that was that. I then had a local mechanic I go to look at the issue last Thursday and they advised that the engine had completely given up. I have since been back and forward to them by email.
Expert:  Ben Jones replied 11 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; 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.

Expert:  Ben Jones replied 11 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

When a private consumer buys a vehicle from a dealer, they have certain 'statutory' rights under the Consumer Rights Act 2015. If you wanted to refer to the legislation directly, please follow this link:

https://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

The Consumer Rights Act 2015 specifically states that there is an expectation that goods must be:

- of satisfactory quality – they must not be faulty or damaged

- 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 any the above requirements, the buyer will have certain legal remedies against the seller. It is, however, important to note that there is no protection against fair wear and tear, misuse or accidental damage.

If the vehicle does not meet any of the above criteria, the consumer’s rights against the seller are:

1. Reject the vehicle and request a refund – this is known as the ‘short-term right to reject’ and must be applied within 30 days of purchase or, if later, delivery.

2. Repair or replacement – this is still an option in the first 30 days, if the consumer does not want a refund and becomes the standard options after the 30 days have passed. It is the consumer’s choice as to whether they choose a repair or a replacement. If a repair is chosen, the seller is given one opportunity to provide a satisfactory repair, meaning that if it fails, the vehicle can still be rejected for a refund, even after the initial 30 days have passed. Alternatively, if the consumer wants to keep the vehicle, they can ask for a price reduction, based on what is wrong with it. That is something to be negotiated with the seller.

In the event that a refund is issued, the seller is legally able to deduct an amount to reflect the usage costs incurred whilst the vehicle was in the buyer’s possession, such as the extra mileage on the car. Any amount deducted for that must be reasonable and fair.

An important aspect of the Consumer Rights Act 2015 is that there is an assumption that any issues complained of, which have become obvious or developed within the first 6 months of buying the vehicle, were present at the time of purchase. If the seller disagrees that his was the case, it would be up to them to prove otherwise, if challenged in court. On the other hand, any issues which develop more than 6 months after purchase, are assumed not to have originated at the point of sale and it is for the buyer to prove otherwise if challenged in court.

Once a decision has been made on which of the above rights to pursue, the seller should be contacted, preferably in writing, to discuss that with them. If they refuse to discharge their legal obligations under the Consumer Rights Act 2015, a formal letter before action should be sent, asking for the desired resolution and making it clear that legal action could follow through the courts.

In the event this matters needs to be taken further, the following are the relevant links:

A report to Trading Standards can be submitted first: https://ssl.datamotion.com/form.aspx?co=3438&frm=general&to=flare.fromforms

Afterwards, a claim can be pursued in 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.

Expert:  Ben Jones replied 11 days ago.

I hope that your query has been answered to your satisfaction. I just wanted to take this opportunity to remind you that if you needed any further clarification with this query, you should not hesitate to contact me and I will be happy to help. For now, thank you for using our services.