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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 28988
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We bought a car 16/4/21 driven for 5 days now doesn’t work.

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We bought a car 16/4/21 driven for 5 days now doesn’t work. We’ve paid for help and given the seller the report. It has a 3mth warranty. We’ve asked for our money back but keeps saying we should get it to a garage in Blackburn. Said garage told us he can’t fix it . Seller won’t listen . If he says we have to return the car do we have to sort out a breakdown truck or is that for him to do . Thanks
JA: Because consumer protection law varies from place to place, can you tell me where this is?
Customer: Burnley Lancashire
JA: What steps have you taken so far?
Customer: we’ve paid for an auto electrician
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: we paid £2900 for the car and the auto electrician said it would cos around £2000 and told us to get our money back . But the seller isn’t listening or replying to that

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and I imagine what a difficult position it must be. I will certainly try to clarify your options.

From what you say, this was a purchase from a dealer rather than a private seller. Is that correct please?

Customer: replied 15 days ago.
Customer: replied 15 days ago.
Clifton motor park keighley
  1. thank you. Am I right to assume that the car was not advertised as faulty?
  2. how did you pay for the car? If you used more than one payment method, please kindly tell me them all
Customer: replied 15 days ago.
I paid the money straight into his bank
Customer: replied 15 days ago.
I paid £350 deposit before we saw the car ( through auto trader) then 2 payments
Customer: replied 15 days ago.
1 after a test drive round the block . The 2nd when we collected the car .

thank you. If the seller is a dealer or selling cars profit as a business, then you will have rights under the consumer rights act 2015. In particular, sections 9 to 11 of that legislation provide respectively that the car must be off satisfactory quality, fit for purpose and as described. from what you say, the car is neither of satisfactory quality nor as described and depending upon the fault, may also not be fit for purpose.

If you can demonstrate the car does not conform with any of the above provisions, which from what you say, you can, then you can claim breach of contract on the basis that the dealer is in breach of one or more of the above provisions which are implied into your contract by the above statute.

Any fauults that occur within the first six months following purchase are automatically assumed to be the dealer's responsibility and you do not have to prove whether the fault is the dealer's responsibility. Rather, the dealer would have to prove that the fault was as a result of damage you have caused to the car to avoid any responsibility. In addition, during the first 30 days, you are entitled to reject the vehicle if it develops a fault and demand a full refund.

In terms of how you may proceed from here, you can contact the dealer in writing-for example by email or if you prefer post, and send a notice setting out the fault or faults that are present in the car and advising that you are exercising your right to reject under sections 20 and 22 of the consumer rights act 2015 as a consequence of false and demand a full refund and reserve your rights in relation to any costs you incur as a result, for example if there is no delay in providing a refund, you need to secure alternative transportation which may include taxis or a rental car, providing that such costs should not be excessive.

If the dealer refuses to refund you, because you did not make an element of payment from what you say by credit or debit card, you would need to consider initially threatening and latterly actually issuing proceedings in the County Court to recover your monies. The simplest way to do so would be by using the following link:

https://www.gov.uk/make-money-claim

Customer: replied 15 days ago.
I have Clifton motor park on my bank statement. Thank you for your help.

I'm glad the above answers all your questions and I hope you are able to resolve the matter swiftly without recourse to the courts. If there is anything else I can help with please reply back to me otherwise thank you very much for visiting JustAnswer and I hope we will see you again in the future.

Customer: replied 14 days ago.
Just an up date , the car dealer is adamant we’re not getting a refund and that we should get the car fixed . He’s made no offer of money for the 2 mechanics that have already looked at the car . So we have no option but to take it further.

Consumer law is extremely strong in this regard - unless you have obviously damaged the car (e.g. crashed it) the dealer will have no option but to refund you providing you give them a written notice that you are exercising a right to reject under the consumer rights act. That has the effect of terminating the agreement and you will need to retain a copy of this in the event you have to go to court for example to recover your money

Customer: replied 14 days ago.
We have been in touch with him by WhatsApp and have constantly been telling him we want to exercise our right for a refund, even saying if he pays all the £2900 we will stand the bills for the 2 mechanics. He still says no we must get it repaired.
Customer: replied 14 days ago.
We have backed up and also taken screenshots of these msgs

thank you. Providing you retain evidence of a written notice that unequivocally states you require a refund and want to return the car, whatever language you have used providing it is unequivocal is fine, then this will constitute sufficient written notice

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