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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 78207
Experience:  Qualified Solicitor
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I bought a car today and its faulty, can I ask for my trade

Customer Question

I bought a car today and its faulty, can I ask for my trade in car and money back?
JA: Where are you? It matters because laws vary by location.
Customer: Lincolnshire
JA: What steps have you taken so far?
Customer: Have contacted the garage to say I have a problem and they are ok to take it back. RAC say its not drivable due to 11 diagnostic faults so I have to wait for recovery in the morning to get it back to the garage
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 traded in my car for £4200 and paid £5395 by bank transfer
Submitted: 14 days ago.
Category: Law
Expert:  Ben Jones replied 14 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 14 days ago.

Do you know if your trade-in is still available? 

I also wanted to make you aware that this is not always an instant service, due to various legal engagements I could have and I may not be able to reply immediately. However, rest assured that I am dealing with your query and will get back to you as soon as I can. Thanks.

Customer: replied 14 days ago.
I don't know for sure but I only traded at 11am today so I would have thought it's still available
Customer: replied 14 days ago.
I don't want a call
Expert:  Ben Jones replied 14 days ago.

Ok thanks and you say you contacted the garage and they are happy with your request?

Customer: replied 14 days ago.
I have spoken to them a couple of times, once to inform them of the problem, in which we agreed I would call out RAC to check if the car was safe to drive as I didn't feel comfortable taking it back the 15 miles in case it broke down altogether or I might do more damage to it. And again to let them know I hadn't had the RAC yet as they were busy. We agreed I would see what they said and take it from there, but of course the garage was closed by the time I got RAC and doesn't reopen until 9am tomorrow
Customer: replied 14 days ago.
The recovery man who finally came said it was unsafe to drive and would need recovery to get it back to the garage in the morning
Expert:  Ben Jones replied 14 days ago.

Thank you very much for clarifying. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to go 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.

Expert:  Ben Jones replied 14 days ago.

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. If you part-exchanged a car with the purchase then you should be given that back, or if that is not possible – be given the cash equivalent instead.

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.

Expert:  Ben Jones replied 14 days ago.

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 14 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 14 days ago.
After leaving with the car today, I put a full tank of fuel in it, would I be within my rights to ask for reimbursement for this if I return the car for a refund?
Expert:  Ben Jones replied 14 days ago.

Hello again and thank you for your further queries, which I will be more than happy to answer. That is indeed possible as it is a benefit they would get at your expense so you can ask for them to cover it

Customer: replied 14 days ago.
Ok thank you, I'll see what they say in the morning then
Expert:  Ben Jones replied 14 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.