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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 29199
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have an issue with a used car that I purchased from a

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Hello, I have an issue with a used car that I purchased from a trader. I believe the car was mis-sold and have requested a refund which has been refused. I am following the Citizens Advice Bureau guidelines, but fear I may have to take legal action as the trader has gone silent since I reiterated my email request in a letter. Hoping you provide guidance, Ellie
JA: Where is this? And just to clarify, when was the purchase made?
Customer: I am in Bedford in the UK. The car was purchased on 22nd May
JA: What steps have you taken so far?
Customer: I initially had an inspection by a local garage, followed that up by a full inspection from the RAC this week. I have a case open with the DVSA as I have queried the MOT that was issued. I have a case open with the Motor Trades Ombudsman as understand they act as an intermediary. I have emailed the trader with my request, and then followed up with a letter, as advised by the CAB. The trader has been asked to reply by 18th June
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Not sure if it has a bearing that it is a US imported car, but it has been in the UK since 2007. I also have the text from the advert in Auto Trader

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.

  1. May I confirm the date you purchased the vehicle approximately please?
  2. have you served a notice on the trader rejecting the vehicle? If so, approximately when please?
  3. Are you able to very briefly summarise the headline issues in relation to the vehicle? There is no need for any great detail at least at this stage
Customer: replied 6 days ago.
1. I purchased the car on 22nd May 2021
2. I initially rejected the car and requested a refund by email on 28th May and followed this up with a letter 2nd June as advised by the CAB
3. The car is ultimately in roadworthy; rear brakes locked, brake pads metal on metal, calipers seized or locked, hole in nearside side and subframe

thank you. Based upon what you describe, the trader is in breach of the consumer rights act as they have failed to provide a car that is in satisfactory condition and arguably not fit for purpose. It may also not be as described. In addition, the trader may be guilty of a criminal offence under the road traffic act which makes it an offence to sell a car which is unroadworthy.

In terms of steps you have taken to date, providing the notices referred to were unequivocal in stating that you were rejecting the vehicle-there is no need to specifically reference the consumer rights act which you may have done so-then they will amount to what is known as a notice of short-term rejection under the consumer rights act. Providing there is cause for the rejection which presumably you have referred to as you have referred in your summary above, on receipt of the notice, the trader must refund you the purchase price of the vehicle without deduction. You may also claim any consequential losses you have suffered as a direct result such as inspection costs, alternative transportation costs and so on.

As regards ***** ***** reclaim your money, it will depend upon how you paid. If you pay by credit or debit card, then you are likely to be able to contact your card issuer to seek a charge back in respect of the monies paid. If you paid by bank transfer or cash or anything similar, then you may need to issue proceedings in the County court if the trader refuses to refund you the monies. the fact that the vehicle is an imported car from the US makes no difference so far as I can see

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

Customer: replied 6 days ago.
Thank you. Yes I have referred to the consumer rights act in my emails and letter, the CAB said I should use the category as not of satisfactory standard, although I think the cars falls into multiple categories. I paid part by debit card (£5,000), but the remainder was a car I traded in (£7,000). Should I wait until the deadline of 18th June before seeking a charge back or do that now? I guess the remainder plus my losses to date would be through the county court? The CAB have said there is a 3 step letter process, the next would be a reiteration of my request, followed by a final one which I think is advising legal action. Should I still follow that process or can I push this quicker?

there is no specific need to drag the process out. The position is that you have served a notice of rejection under the consumer rights act which triggers a requirement that the trader refund you including the traded in vehicle or money equivalent thereof if it cannot be returned to you and as such, at this point, you can look to serve a letter before action. in terms of the notice. You should consider giving under a letter before action, you should consider at least seven days if not 14 days notice before commencing legal proceedings in the County Court.

You can find a precedent in respect of a letter before action at the following link:

https://www.rocketlawyer.com/gb/en/documents/letter-before-action

Customer: replied 6 days ago.
Thank you. That has given me the next steps to follow, very much appreciated

I'm glad the above answers all your questions. 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.

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