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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75146
Experience:  Qualified Solicitor
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I brought a car for £5400 from Sheffield which I had

Customer Question

Hi,I brought a car for £5400 from Sheffield which I had delivered by the company on Saturday august the 14,following day I got insurance and drove up the road to find the clutch is slipping,on Monday 16th I rang and told the chap who I brought it off and he kept saying that he has to speak to his boss,so I’ve done the leg work and found a firm that will put in a new clutch at a very good price for down here in Cornwall and the Mohammed only wanted to pay £300 towards it, so far they keep making excuses that some ones on holiday but I manage to talk to a director and said I need £475 but they now they r saying to ring on Thursday,I only got 28 days warranty,what happens if the warranty ends and nothing is sorted,do I lose out,thankyou
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: no I haven’t talked to a lawyer and this is England,I live in Cornwall
JA: What steps have you taken so far?
Customer: none,they make it sound promising but time is slipping away and I’m worried they will say they will pay nothing as warranty is finished
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’ve got text conversation from them on my phone
Submitted: 19 days ago.
Category: Law
Expert:  Ben Jones replied 19 days ago.

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.

Expert:  Ben Jones replied 19 days ago.

What are you ideally hoping to achieve in the circumstances? 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 as soon as I can. Thanks

Customer: replied 19 days ago.
Hi,I’ve brought a car that I can’t drive,I’ve told them to pick it up for a full refund,they wanted me then to drive it to Sheffield so they can repair the clutch which they would pay the £300 for the repair,but the cheapest I can find around me was £680 so I’ve asked for £475 which left me to pay a tad extra towards it to get a better clutch,one moment Mohammed said he may get £400 towards the repair then I talked to his cousin who is the director and he said money wasn’t a problem and to book the repair in but to talk to Mohammed who would b back from his holiday Sunday just gone and to ring him today,so I rang today and have now been told Mohammed won’t b back till Thursday,Friday is when the warranty runs out and it’s been 25 days so far and I’m no further forward and worried Friday they will say it’s not their problem any more
Customer: replied 19 days ago.
I want the £475 to get it fixed or a full refund,thanks
Expert:  Ben Jones replied 19 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. 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

Customer: replied 19 days ago.
If I was to take it to court would text conversations be any good for evidence,thanks
Expert:  Ben Jones replied 19 days ago.

It can be used and in the end, you can only submit whatever evidence you have, even if it is just texts. Sometimes there is not even any written evidence and it is all verbal – so any type of evidence can potentially help

Customer: replied 19 days ago.
Thankyou
Expert:  Ben Jones replied 19 days ago.

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