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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 31614
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I purchase a second hand car on 17th December 2021 through a

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Hi, I purchase a second hand car on 17th December 2021 through a hire purchase agreement, the car has had many faults since purchase (gearbox, wheel bearings, brake discs), on that basis the finance company paid for an independent assessment and they confirmed it was unroad worthy at the point of sale. I want to reject the car and have the dealer repay the finance company and for me to get my deposit back and compensation for some of the repairs and loss of a car. However the finance company are giving the garage the chance to repair with no checks after repairs have been carried out, no timescales and I would have to recover the vehicle from the garage. I don't think this is fair and also worrying that no checks will take place after the repairs. Any help about my position and what I can or cant do. Thank Mike
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, this is the UK
JA: What steps have you taken so far?
Customer: As per original message
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: the finance company have said they cant enforce a rejection of the car just a repair

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.

  1. I am very sorry to read of the above. For the avoidance of doubt, may I confirm if the garage has had any prior opportunity to repair the vehicle before now please?
  2. May I also confirm that did not reject the vehicle within the first 30 days following purchase in writing?

Customer: replied 10 days ago.
Hi Joshua, thanks for your response, my answers are below:
1) I originally contacted the garage in Feb 2022 as I had a flat tyre, the spare tyre was flat and also the suspension spring was cracked, they responded saying this was wear and tear. Then the gearbox failed and this is when I did more researched and contacted the finance company who paid for the independent report.
2) No the gearbox issue didnt come to light until March, however on research it is within the 6 months of purchase, also the independent report confirmed given the mileage and time the issues were there pre sale. Thanks
Mike

thank you. You have an extensive set of rights implied into your agreement with the garage by virtue of the Consumer Rights Act that the car must be of satisfactory quality, fit for purpose and as described. During the first six months, any faults are automatically assumed to be inherent as opposed to having been caused by damage - in other words the dealer has to prove they were not present when you bought the car and have been caused by damage by you; you do not have to prove that you have not damaged the car. After the first six months, the burden of proof switches to you to show that any faults are inherent as opposed to having been caused by damage though this is not usually difficult as damage is usually fairly clear - e.g. physical damage by an accident failure to maintain properly such as keeping oil topped up and so on.

The Consumer Rights Act gives you the right to reject a car if it is faulty but that right only exists for a short period - a little under a month, but you still have rights under the above legislation. Under these rights, providing you can show the fault was caused by a fault and not damage caused by you (remembering this is assumed during the first six months), you can insist upon a repair or replacement at the dealer's discretion. You are required to give the dealer reasonable opportunity to repair at least once. If the dealer cannot or refuses to replace or repair the car or fails to repair the car more than once, then you can seek as an alternative a price reduction or exercise a final right to reject the vehicle and return it for a full refund less any reasonable deduction to take account of your use of the car.

under section 75 consumer credit act, you also have the right to impose the same set of rights as against the finance provider as you have against the dealer themselves. In other words, you can effectively treat the dealer and finance provider as one and the same person for the purposes of any claim and choose to pursue either one of them or both of them jointly.

In terms of how you may consider proceeding at this point, I cannot see that you can avoid allowing the garage one opportunity to repair as this is their right under the consumer rights act at this point as discussed above. However, if they decline to repair the vehicle or unsuccessful in doing so within a reasonable period, you can consider writing to them again advising that if they do not reply with their substantive proposals within 14 days of the date of your letter you will have little option but to issue proceedings against them in the county court - remembering you also have the same rights as against the finance provider

If you decide to issue proceedings for breach of contract as above the simplest way to do this is by using the money claim online court service.

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


Customer: replied 10 days ago.
Thanks Joshua, that is very useful and I will give them the opportunity to repair. Final points, my finance company have said they will not have an independent assessment done after the repairs and although they are covering cost of transporting the vehicle from my home (Midlands) to Glasgow (dealer) for the repairs, I will have to pick the vehicle up from Glasgow or cover the cost of transport. Does this seem right?

the consumer  rights act provides that any costs that you can show are a direct consequence of the dealers breach of contract would form damages you can claim from the dealer providing those costs are reasonable. It certainly would follow that the costs of recovering the vehicle from the dealer following a repair would constitute a loss you can claim from the dealer and as a consequence of section 75 consumer credit act as discussed above, by extension, which you could recover from the finance provider remembering you can effectively treat them as one and the same as the dealer.

You may also have a claim for any reasonable costs you incur in terms of temporary transport whilst the car is being repaired

Customer: replied 10 days ago.
ok great, I am going to respond to the finance company and essentially treat them as the same entity as the dealer and say that I will be seeking compensation from the repairs I have carried out, use of a family members car during the process and if an independent assessment post repairs and the transportation of vehicle back to me. thanks again for your help

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

Customer: replied 10 days ago.
Thank you

I'm very glad the above was of soome assistance

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