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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 12011
Experience:  Senior Associate Solicitor
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I recently brought a vehicle from a garage who informed the

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Hi I recently brought a vehicle from a garage who informed the Service History was up to date, upon the vehicle having its MOT some immediate actions was brought to my attention that vehicle was missing. I have challenged the garage about repairing/covering the costs for these works however they are stating they do not have to oblige and they have not done anything wrong.
JA: Where are you? It matters because laws vary by location.
Customer: Gloucester
JA: What steps have you taken so far?
Customer: Contacted the garage to ask them if they would complete the works and why the Service light was not on when I brought the vehicle and why did they not inform me that this was outstanding.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: They sold me warranty with the vehicle that due it’s service history not being up to date I’m pretty sure it will become invalid

Hi, this is Jim, thank you for the question - I will do my best to resolve this quickly for you.

Sorry to hear of the issue. You have strong rights against a car dealer.

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. If the repair would put you are considerable inconvenience - e.g. taking several weeks, then you can demand a refund. They are only allowed one chance at the repair - if that fails, you are due a refund.

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: 0808(###) ###-#### 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. If you have had the item for 6 months or more, the burden of proof shifts to you as the consumer to prove the item was faulty from the outset - so you will need a report from someone independent to support your case before you issue court proceedings. If you do not do this, the claim is likely to fail.

I hope this helps and answers the question which is easy to understand - please feel free to ask me anything else. I will reply as soon as I can to help with any further queries.

Thanks for using our services and have a good day,
Jim

Customer: replied 15 days ago.
Hi Jim,
Thanks for your help and response, just to confirm the Dealership sold me the vehicle when asked if there was anything outstanding on the service they said no, however as mentioned above the MOT advised otherwise, with the Warranty they have sold me would I be right in saying that will potentially be invalid as well, as the Service History would need to be up to date? Thanks
Customer: replied 15 days ago.
Please do not call. Thanks

Hi, I can’t take a call at the moment but other experts are free to contact you. If no one calls you then you will not be charged for it - an "authorisation" has been made for payment, that's all. However, the call request is open to all experts. If you would like to cancel the call and the charge, customer services can be contacted here: https://www.justanswer.co.uk/help/contact-us

Hi, the warranty does not affect your statutory consumer rights here. The dealer misled you and it's clear to me they are liable here. The car was not "as described".

JimLawyer and 2 other Law Specialists are ready to help you
Customer: replied 15 days ago.
Hi Jim, that’s great thank you

No problem, thanks

Customer: replied 15 days ago.
Please do not call
Customer: replied 15 days ago.
I think someone’s trying to still call, please can this be cancelled any no future costs taken. Thanks again for you help and the letter

Hi there, the call can be refunded, no problem. If you can let customer services known here: https://www.justanswer.co.uk/help/contact-us

Customer: replied 15 days ago.
With regards ***** ***** letter, I will send via post but is an option via email ok, or do you advise only via postal? Thanks

Hi there, I recommend you do both, so post and email a copy so they definitely have it.

Customer: replied 15 days ago.
Perfect, signed for ect as well

Yes, I would recommend that, thanks