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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor
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I bought a used, reconditioned fuel pump from a foreign car

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Hello. I bought a used, reconditioned fuel pump from a foreign car spares dealer in Birmingham online. My own local garage fitted it into my Mitsubishi Shogun, within a month of fitting it had failed. It was sold with a three month warranty, so I informed the dealers, who collected the part & supposedly had it tested. My own garage said when they removed the faulty part it was an electrical fault, however the dealers are saying I "water damaged" the part whilst it was in my car. They are refusing to refund or replace the part. It was paid for using a credit card. Where do I stand legally please? Thankyou
JA: Where is this? And just to clarify, when was the purchase made?
Customer: The faulty part has been returned to my local garage with their report (Kendal, Cumbria). It was purchased February, but not fitted into my car until 23rd Feb, as my garage v busy, had failed just less than one month later. My garage too busy to remove the faulty part again until sometime in April. Faulty part returned to dealers well before three month warranty period expired in May.I have been conversing with the dealers in Birmingham since then re refund, but getting nowhere
JA: What steps have you taken so far?
Customer: Talked to my own garage re dates, likelihood of "water damage" whilst in my vehicle (they laughed, said dealers just trying to "get out of paying"). I have telephoned the dealers more than once asking for a refund as faulty part returned within the three month warranty. They are just dismissing me, & very rudely, calling me "my love". Nothing in writing yet
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Nothing I can think of

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.

What reason have they provided for not wanting to give you a refund?

Customer: replied 7 days ago.
Thankyou

No problem. What reason have they provided for not wanting to give you a refund?

Customer: replied 7 days ago.
They say I damaged the part whilst it was in my vehicle "water damaged". They say either by fuel I put in the car containing water or the fitting garage not checking properly that all relevant connecting parts water free. My own garage say that when they removed faulty part it was showing an electrical fault, nothing to do with "water damage". They are a well known & used local garage, will have thoroughly checked everything when fitting part. I only use garage forecourt fuel, not from a supermarket

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.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. When a private consumer makes a purchase from a business seller, 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 they do not meet the above requirements, the consumer will have certain legal remedies against the seller. Any rights against the manufacturer will only be under a manufacturer’s warranty or guarantee that came with the goods, which is entirely separate. It is, however, important to note that there is no protection against fair wear and tear, misuse or accidental damage.

If the goods do not meet any of the above criteria, the consumer’s rights against the seller are:

1. Reject the goods 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 goods can still be rejected for a refund, even after the initial 30 days have passed. Alternatively, if the consumer wants to keep the goods, they can ask for a price reduction, based on what is wrong with them. That is something to be negotiated with the seller.

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 goods, 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.moneyclaim.gov.uk/web/mcol/welcome

If the total was for more than £100, you can also consider approaching you card provider to see f they can cover you under Section 75, Consumer Credit Act protection.

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.

Ben Jones and other Law Specialists are ready to help you
Customer: replied 7 days ago.
Thankyou so much, will study again & respond as advised

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