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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73809
Experience:  Qualified Solicitor
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I hope I can get some joy today with this frustrating

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Hi, I hope I can get some joy today with this frustrating situation. I was living in Slough at the time and hoping to relocate to Swindon. I brought a BMW from a huge car place in Swindon. Within a couple weeks a notice kept popping up telling me the tyre was faulty, also there were fault with the brakes, which I told the Carshop about this and told me to bring to the shop to have a look as it could be the sensors.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: I now live in Swindon, Wiltshire....lived in Slough when I brought the car. Is it best to talk on the phone
JA: What steps have you taken so far?
Customer: I was about to write to head office complaints department.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I had an early mot and service carried out and the mechanic advised it was the condensation that actually triggers the wiring and brings up all these message. Also he warned me that the car Shop will probably tell me I need a new lamp. Yes they did after doing a diagnostic and it cost me£1300. I have a warranty which they said does mot cover the lamp. This is not wear and tear but an ongoing fault that should have been sorted when the car was sold to me.

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 exactly did you buy the car please? and what are you ideally hoping for given the circumstances?

Customer: replied 8 days ago.
I brought the car 17.7.20 is my payment receipt. I just want them to fix the car in the state they should have done before selling to me. The condensation did not start in July when I brought the car...this was an on going situation.

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.

Customer: replied 8 days ago.
I hope you are not taking more than the £5 from my account. If it is easier to call why can he or she not call me now as they asked.

The pop-up offering you the chance to request a phone call is automatically generated by the site and you have already paid for a written response so that is the part I will continue helping you with. Please contact customer services to cancel the call and request a refund by following the link below:

https://www.justanswer.co.uk/help/how-to-request-refund

In the meantime, I will get back to you at the earliest opportunity. Many thanks

Ben Jones and other Law Specialists are ready to help you
Customer: replied 8 days ago.
Ben Jones did not call me...you have charged me £44

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. 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 5 days ago.
Thank you, ***** ***** your advert, it states 'Legal Free Advice' and services of Legal Aid. Can I get free Legal Aid. I have already paid. Can a solicitor write a letter to the company on my behalf. I did address the issues within weeks of buying the car. I am not working and will have to find over £2.000 plus to fix the the issue. I took the car to the shop 4 times within 6 months of buying the car. I know they ignored the real issue of condensation damaging the electrics, which is the reason for all the messages popping up telling me various faults..eg. tyre faulty, faulty, service due, day time side light faulty. It passed the MOT & within 5 minutes of driving away, up pops the message of faulty lights. Advised to take it back to Carshop as I have a warranty. Please advise...Thank you.

You have probably looked at another site which linked to us - we do not provide legal aid or free advice.

But if you did pay a solicitor they will write a letter for you of course, ideally someone local to you would be recommended so you can at least see them in person if needed to discuss

Customer: replied 5 days ago.
I'm sorry, but your site states that I have excepted an offer: phone call....anyway, thank you for your time.