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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 77875
Experience:  Qualified Solicitor
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I messaged you yesterday about the car I bought, Lancing

Customer Question

I messaged you yesterday about the car I bought
JA: Where are you? It matters because laws vary by location.
Customer: Lancing West Sussex
JA: What steps have you taken so far?
Customer: I have asked for my money back and he sad no
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 just want a safe car How much will this cost me
Submitted: 15 days ago.
Category: Law
Expert:  Ben Jones replied 15 days ago.
Hello, I’m Ben, a solicitor, and it’s my pleasure to assist you. I may ask for some preliminary information to help me determine the legal position.
Expert:  Ben Jones replied 15 days ago.

I understand your query relates to a car you purchased and that you have requested a refund but this request has been declined. Please tell me what reason was provided for not wanting to give you your money back?

Customer: replied 15 days ago.
Yep
Expert:  Ben Jones replied 15 days ago.

Thank you.

I understand your query relates to a car you purchased and that you have requested a refund but this request has been declined. Please tell me what reason was provided for not wanting to give you your money back?

Customer: replied 15 days ago.
I can't take on the phone you wouldn't get what I mean
Expert:  Ben Jones replied 15 days ago.

OK no problem. Phone calls are an additional service, which is entirely optional. I am still here to deal with your original query in writing over this chat.

Expert:  Ben Jones replied 15 days ago.

Please tell me why your request for a refund has been declined

Customer: replied 15 days ago.
He said he can fix it but I just want my money back
Expert:  Ben Jones replied 15 days ago.

OK and when did you buy the car please?

Customer: replied 15 days ago.
Saterday befor last and picked it last Wednesday
Customer: replied 15 days ago.
Went back the next day
Customer: replied 15 days ago.
From a used car dealer
I thought it would be safer
Expert:  Ben Jones replied 15 days ago.

Thank you, ***** ***** you had an independent diagnostic carried out on the car at all? What exactly is wrong with it please?

Customer: replied 15 days ago.
No
There is no key to open the bonnet the stering column shakes at 50 and the door leaks
Customer: replied 15 days ago.
Can you tell me what to do
Expert:  Ben Jones replied 15 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now. I will get back to you with my full reply on here; usually the same day. The system will notify you when this happens. Many thanks.

Customer: replied 15 days ago.
you won't take more money
Expert:  Ben Jones replied 15 days ago.

Hi there. Phone calls are an additional service, which is entirely optional. If you want to query anything about them, including billing and charges, please contact customer services directly: https://www.justanswer.co.uk/help/contact-us In the meantime, I am still here to deal with your original query in writing over this chat and will get back to you at the earliest opportunity. Many thanks

Expert:  Ben Jones replied 15 days ago.

Many thanks for your patience, it is appreciated. I am now pleased to be able to provide further assistance with your query. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through.

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

Expert:  Ben Jones replied 15 days ago.

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.

Customer: replied 15 days ago.
Thank you
Customer: replied 15 days ago.
How do cancel it now
Expert:  Ben Jones replied 15 days ago.

Hello, I am just an independent user on this site, in the same way as you are, which means that unfortunately I have no involvement in the billing side of things. If you need to query anything to do with billing, charges or membership, you may be able to take certain actions by going to your account on this site. Alternatively, please contact the site’s customer service team directly. You can find their contact details by following this link: https://www.justanswer.co.uk/help/contact-us. Hopefully, they will resolve any issues you have to your satisfaction.

Expert:  Ben Jones replied 15 days ago.

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.