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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 31727
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We’ve just bought a car 2 weeks ago from a dealer. He gave

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Hi!
JA: Hi. How can I help?
Customer: We’ve just bought a car 2 weeks ago from a dealer. He gave us 6 months warranty. 2-3 days after we’ve bought it we’ve noticed a few issues and we took it to the garage. They’ve notified us that the car has a lot of issues we haven’t been aware of. We’ve tried to contact the warranty company but they rejected our claim. We want to take the car back to the dealer but he says “no returns accepted”
JA: Because consumer protection law varies from place to place, can you tell me what location this is in?
Customer: Braintree Essex and we’ve bought the car from Maidenhead, Berkshire
JA: Have you contacted the seller or manufacturer?
Customer: yes
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no

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.

I am very sorry to read of the above. Has the warranty company provided any justification for its refusal to honour the warranty claim please?

Customer: replied 16 days ago.
Hi Joshua! They said the spare parts are wearable and they will not cover it. But the more the garage was looking at the car the more problems they found. More than that, they think the MOT was fake - the brake do not come up on there and the garage told us it should have been a fail because of them
Customer: replied 16 days ago.
There are so many problems that the garage itself recommended us to take the car back

Thank you. As you will be aware. the position here is that you have two differing sets of rights. The first set of rights you have under any warranty from the dealer which are somewhat limited insofar as that they are limited to the terms of the warranty which are probably not overly generous and from what you say, the warranty company is proving to be difficult. I will leave this here though because of what follows.

You have another set of rights by virtue of your contract with the dealer from whom you purchased the car. This set of rights are much more extensive as terms are implied into your contract 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.

Finally it is also an offence under the Road Traffic Act to sell an unroadworthy car though this is probably not relevant here. The Road Traffic Act 1988 does not give a definition of what is "unroadworthy", but instead makes reference to the following areas that, if not satisfactory, may lead to a vehicle being unroadworthy:

- Steering and steering gear

- Brakes and braking systems

- Tyres;

- Exhaust systems;

- Seat belts and seatbelt anchorages;

- General condition (corrosion, suspension etc).

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 are still within this period from what you say. accordingly, you can consider exercising what is known as a final short term right to reject the vehicle and return it for a full refund. There is no specific format for the notice to take providing it is unequivocal and given in writing and their evidential purposes, it is important to retain evidence that the notice was sent such as a sent email for example or proof of posting.

In terms of how you may consider proceeding. You may wish to write to the original dealer serving your short-term notice of rejection  as above on the grounds that the car is faulty and the faults existed at the time you bought the car and were not caused by you. If they do not respond or you are not satisfied with their response then 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. if you paid by credit or debit card, then instead of court you may be able to recover your moniees by way of a charge back through your credit all debit card 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 16 days ago.
Thank you so much Joshua! This information is really helpful. I will send him an email tonight and see what he says. I definitely don’t want to have it anymore taking in consideration how many problems it has. I just want my money back. This car has been bought for 10 day but it has been in the garage for 6 days and it’s still there

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

Customer: replied 16 days ago.
Joshua, I’ve just done a bit of research and I’ve discovered the dealer has applied to dissolve the company. What are my options in this case?
Customer: replied 16 days ago.
It says voluntary strike off pending

How did you pay for the car please?

Customer: replied 16 days ago.
Bank transfer

thank you. You will wish to immediately object to the strike off using the information at the following link:

https://www.gov.uk/object-to-a-limited-company-being-struck-off

If the company is indeed insolvent then this is not good news however hopefully the company holds or at least would have held a stock of vehicles against which you can raise a claim potentially.

In respect of the warranty company, this may become a valuable basis for a claim and if they have refused a claim, then you may wish to escalate a formal complaint and consider escalating up to the financial ombudsman on the earlier of their full response to your complaint or eight weeks, whichever come sooner:

https://www.financial-ombudsman.org.uk/consumers/how-to-complain

I hope the above is of some assistance but if you have any further questions, please revert to me.

I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.

Customer: replied 15 days ago.
Hi Joshua! Thank you for your help. I’ve sent the letter to the dealer today so now it’s just a waiting game. If something else happens in the meantime I will let you know. Thank you!

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

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