How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73445
Experience:  Qualified Solicitor
29905560
Type Your Law Question Here...
Ben Jones is online now

I have purchased a second hand car and i notified the dealer

This answer was rated:

i have purchased a second hand car and i notified the dealer the next day of the problems. when we purchased we knocked the price down because of some body work that needed doing. The advert said 1 previous owner and a service book, it had 5 owners and no service book and a mountain of problems , I have sent a registered letter saying i want to reject the car.
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: I live in the uk croydon area
JA: What steps have you taken so far?
Customer: I have talked with the dealer and i have sent him a registered letter stating the problems. He said that because he knocked off some money my statory wrights do not applie
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: He has offered to fix the car.

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.

When did you buy it? 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.
24 -04-2021, i purchased the car. I notified him on the sunday . then sent a letter out recorded sign for on the 30th April 2021
Customer: replied 7 days ago.
The dealer said because he reduced the car i do not have any rites. The car has numerous problems that he said he would fix, but the advert when selling the car said 1 previous owner and service book - instead it had 5 owners and no service book and numerous problems. It was also after i purchased the car he told me it only had one key . All very rushed .
Customer: replied 7 days ago.
I have had to change the tyre as it was not road worthy already.

Thank you very much for clarifying. 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.

Customer: replied 7 days ago.
Even though he has agreed to fix the car- his advertising on auto trader and on his website were not correct - misleading and untruthful - he said its not his fault
I have sent him a registered letter asking for a full refund, he has received this letter 7 days after the purchase of the car. Because my husband knocked down the price because of the bumper and head lamp- he said we do not have the consumer rights act ??? is this the case ? thank you

no, that is certainly not correct and he cannot avoid the rights under the CRA 2015 just like that

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

You are most welcome. If you have any further questions about this then please do not hesitate to get back to me and I will be glad to help. All the best