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JimLawyer
JimLawyer, Solicitor
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I we bought used car from a dealer which is about £7,000 &

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Hi I we bought used car from a dealer which is about £7,000 & with in less than a month the car broken down with big issues with in the engine. we took it to mechanic they said to us the engine has to be change which is cost around £3,000?
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: is there any advice I can get please?
JA: What steps have you taken so far?
Customer: so far I get the car to diagnosed & the garage informed me this issue, I have just contacted the Warranty Company they gave me at time of buying the car. But the warranty company told me I'm only entitled £250. That's why I have now seeking legal advice
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Yes they can contact me any time please.***********

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

The warranty is not affected by your statutory consumer rights - meaning you should look to the dealer who sold you the car to fix it. I would not bother with the warranty people - your consumer rights are against the dealer, no question about it.

You are likely to be over 30 days now in any event, since delivery, which means the dealer is allowed one attempt to repair (assuming it would not put you at signifiant inconvenience - if so, you can demand a full refund).

I will set out your rights. If you purchase a used vehicle from a dealer you have rights under the Consumer Rights Act 2015, which states that the vehicle has to be:

· of satisfactory quality in that it must not be faulty or damaged when received

· as described in that the vehicle must match any description given at the time of purchase

· fit for purpose in that it should be fit for the purpose intended

If the vehicle does not meet the above then you will be able to enforce your rights and sue for your money if the dealer refuses to give you the money back. The claim would not be against the manufacturer as they will only be responsible under their warranty which came with the vehicle.

There is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods. The age and value of the vehicle will also be relevant and the expectations of older vehicles will certainly be lower.

The rights against the seller are:

1. Reject the vehicle and request a refund which must be done within 30 days of purchase or delivery. The faults are presumed to be there from the outset unless the dealer can prove otherwise.

2. Repair or replacement and this can be done within the first 30 days or after, if that deadline has passed and a rejection is no longer possible. If a repair is not possible or has failed, the vehicle can still be rejected for a refund, or if you want to keep it, you can ask for a price reduction. If asking for a refund or a replacement, the current value of the vehicle will be used, taking into account any depreciation in value for usage by the buyer since purchase. If the repair would put you are considerable inconvenience - e.g. taking several weeks, or meaning you have to travel a long distance to them, then you can demand a refund. They are only allowed one chance at the repair - if that fails, you are due a refund.

You need to contact the dealer and advise them of which option you want to go through with - normally they are allowed one repair attempt but as I say above, if this puts you at a signifiant inconvenience then you can instead demand a refund..... if they refuse then I would advise that you report them to Trading Standards (tel: 0808(###) ###-#### and commence legal proceedings via the money claim online site (www.moneyclaim.gov.uk) for your money back.

Before you do this however you should send them a 14 day letter before action to warn them of your intentions, to allow them to avoid litigation and resolve this dispute. I attach a template letter for you to use which will hopefully resolve the dispute.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

*if you took out car finance, or used a credit card for any part of the purchase - please let me know as I will need to give further details*

Customer: replied 13 days ago.
Hi Jim thank you for prompt reply.I bought the vehicle on 6/05/2021 just over a month. Is this makes any difference?Thank you

Thanks, ***** ***** requested a rejection from the dealer within 30 days, you can demand a short term right to a refund. If you are over 30 days then you can insist they repair the vehicle at their cost. If they refuse - you will need to sue for your money back in full.

Customer: replied 13 days ago.
Thank you Jim.I used a credit card for purchasing the car

OK, if you call the card people now. Tell them about the problem and ask if they can help (they should be able to refund you in full under S.75 of the Consumer Credit Act 1974 - the card people are jointly liable if your consumer rights have been breached..)

So what should happen is your card provider agrees to refund you in full for this. They will then look for recovery of their outlay from the dealer. The dealer should recover the vehicle at their expense. Or you can insist the dealer repairs the vehicle at their cost (you can make this request any time after 30 days of having had the car)

Customer: replied 13 days ago.
This makes me a bit of relief & much better information. Myself & entire family is in shock right now. We had a new born baby & were excited to this car now this happened.The garage I took for diagnosis informed me that the issue seems not new & looks something has been done previously in the engine. Now the vehicle almost needs new engine which is not a right thing to do they said
Customer: replied 13 days ago.
I'll call them now & I will update you right after

No problem, yes, if you speak to the card people first. Then do the letter to the dealer to ask they repair (only as long as the repair wouldn't put you at inconvenience - which it sounds like it would as the repair is a large one based on the facts).

Customer: replied 13 days ago.
I just speak to Motorhub (The dealer) they said there's nothing they can do about it but after I demand a management they asked me to send them the diagnosis report. I have now requested the report from the garage then will forward to motor hub.

Thanks, ***** ***** in Keighley doesn't have the best reputation, sorry to say. I would try the credit card company as a priority. If that fails then yes, go after motorhub

JimLawyer and other Law Specialists are ready to help you
Customer: replied 12 days ago.
Good morning Jim, I have reported to my bank & I submitted the dispute. I'm currently waiting the diagnosis report from my garage. Shall I forward that to motor hub as per their request?
Customer: replied 12 days ago.
Shall I send a written letter to them too?
Customer: replied 12 days ago.
Hi Jim when you get a chance please let me know regarding my two enquiries. Thanks

Yes, you can do that in addition to the letter before action (to send to Motorhub)

Customer: replied 12 days ago.
Thanks, ***** ***** been chasing the garage to get the report & they just informed me the person who made the investigation/diagnose is on holiday until 21st of June they can't provide the report for me. No idea what to do now also I'm very concerne that the longer it take to send the report to Motorhub then it gets worse.

No problem, you can simply write to Motorhub now to make your demand and say you will send the report once available. You do have up to 6 years to issue the claim at court.

Though the credit card provider should do something about this

Customer: replied 12 days ago.
Thanks. I will send the letter

OK, thank you

Customer: replied 12 days ago.
Thank you very much. I will update you any progress

Thanks again, speak soon.
Jim

Customer: replied 8 days ago.
Hi Jim
I have taken to another registered garage for diagnosis & they confirmed the issue is related with engine gaskets & I've requested written report which I'm waiting for.I have also got response from my bank & they also requeste the diagnosis report.In the mean time Motorhub hub email me & advice me to get in touch with warrenty company. The warranty they provided me is only £250 which not even cover the diagnosis cost. I will copy & paste their response below. Kindly have a look at & advice me.
Customer: replied 8 days ago.
Good afternoon Mr Eshete,We checked our system and we confirmed that you have received a warranty with the vehicle from Momentum Warranties LTD, for which you should have received a copy with the sales invoice.Hence we would like to ask you to contact the warranty company first and resolve that issue through them in a way of repairing the vehicle.If you do have any more questions or have any further inquiries please do not hesitate to contact us via return on this email address or alternatively on 01535 288640
Our opening times and full address are as follows below.Please be aware that holding deposit on any vehicle from us is nonrefundable.Opening times:
Monday - Saturday - 9:30AM - 7:00PM
Sunday -11:00AM - 5:00PMKind RegardsMotorHub
Damside
Keighley
West Yorkshire
BD21 1AJTel.no. 01535 288640
https://www.motor-hub.co.uk/

Thanks, ***** ***** say a warranty is not affected by your statutory consumer rights so Motorhub are clearly trying to fob you off.

Customer: replied 8 days ago.
Understand. I will let you know one's I received the report from the garage. Do you think is there any thing I should do in the mean time? Contact the warranty company again?

You could but only if there is a realistic chance they will cover all the repairs. If not then I would not bother and wait for the report then take this further.

Customer: replied 8 days ago.
Thank you they already told me that they only cover £250 for labour & parts cost.I will let you when I receive response from the garage.Many thanks

No problem at all, thanks

Customer: replied 2 day ago.
Good afternoon Jim, hope you had a good weekend.I have received the diagnosis report & forwarded to my bank as per their request & waiting response from them.I have also forwarded to Momentum Warranties & I will copy paste their response here for you.

OK, thank you. Hopefully I have answered the question from 15th June. If not please let me know and I will clarify for you. If you have further questions if you could please post in a new thread. Many thanks, Jim

Customer: replied 2 day ago.
163;250 not even cover the labour work. What do you I should do next?

Hi, I can only reiterate my previous answer which is to ask your credit card company to help. If they cannot then you need to sue the dealer. You do not need to go through the warranty company like I mentioned a few days ago.

Customer: replied 2 day ago.
Thank you Jim

My pleasure, thanks