How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75138
Experience:  Qualified Solicitor
29905560
Type Your Law Question Here...
Ben Jones is online now

We have a problem with a second hand car we recently

This answer was rated:

Hi We have a problem with a second hand car we recently purchased.
JA: Where are you? It matters because laws vary by location.
Customer: Hi we are located near Peterborough
JA: What steps have you taken so far?
Customer: The car has been in our ownership for approx. 4 weeks. The vast majority of that time the car has been in for repair. 26 days so far we have not been able to use the car. we issued a rejection letter but the dealer says we cannot reject the car as we have allowed him to attempt to repair it.
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, we have been given several return delivery dates for the repaired car, but it has not been returned yet. Initially we agreed for the dealer to do the work we were told the car car would be returned to us on the 7th or 8th September.

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 is your specific query in relation to this please, so that I can best advise?

Customer: replied 11 days ago.
We have had several failed delivery dates, so not sure when we will get the car back, Where do we stand if the car breaks down when being returned to us? what time period is reasonable for the repair, (local garages quoted max of 2 days for this repair) it has been with the dealer for 23 days. Can we collect the car ourselves without effecting our right to reject the car if it still has faults?
Customer: replied 11 days ago.
Any comments would be appreciated

OK I understand and thank you for providing this information. Please leave it with me for now; I will get back to you with my answer as soon as I can, usually the same day. 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. 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.

If you have already given them the chance to repair it, they wil be able to finish that before you can reconsider your rights and can only reject it for a refund if the repair has not fixed the issues.

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.

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.

Hello, I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.

Customer: replied 11 days ago.
Thank you for your reply, however the specific questions I previously asked have not been resolved. Regards

Hi there, thank you for your further queries, which I will be happy to answer.

Where do we stand if the car breaks down when being returned to us? – you can argue that it was an unsuccessful repair, giving you rights to reject it for a refund

what time period is reasonable for the repair, (local garages quoted max of 2 days for this repair) it has been with the dealer for 23 days. – 2 days is what may be reasonable in terms of the actual repairs but there may be waiting times depending on how busy they are so that would be relevant as well

Can we collect the car ourselves without effecting our right to reject the car if it still has faults? – yes, as long as you do not contribute towards any further faults but I doubt that woiuld be the case if you are simply driving it back

I hope this clarifies things for you a little bit more.

Customer: replied 11 days ago.
Hi Ben. Thank for your further reply and clarification. It was very helpful.

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

Ben Jones and 3 other Law Specialists are ready to help you
Customer: replied 9 days ago.
Hi Ben. I have requested a phone call regarding this problem, many thanks
Customer: replied 9 days ago.
Hi Ben any idea when you can call me? many thanks David
Customer: replied 9 days ago.
Hi Ben. Thank you for the phone call this morning. I have another question relating to this. if we return the car back to the dealer, what is to stop the dealer claiming that this fault is just something trivial and then refuse to give our money back, then?

Hi there, thank you for your further queries, which I will be happy to answer. In reality, there is nothing stopping them from doing so but it does not mean it is correct or reasonable. In the end, only a court can decide how serious something is so if they try that, you still have the right to challenge them legally over it