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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 32257
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I bought my Grandson a car from a garage last December it

Customer Question

I bought my Grandson a car from a garage last December it came with a 4 month warranty.After 5 days it brook down and had to be towed in since then it has broken down another 7 times each time with the same symptom but the garage says it's always something different It has been put on a computer about 5 times and shows no problem I bought the car in good faith but it is totally unreliable am I entitled to my money back It cost £6.000
JA: Where are you? It matters because laws vary by location.
Customer: West sussex
JA: What steps have you taken so far?
Customer: Taking it back to garage Had breakdown company take it to a Vauxhall dealer because it is a Vauxhall.Spoke to the manager of the garage I bought it from but they just keep putting it back on the computer and say there is nothing showing up.Have not asked for money back or a reliable car because I was not sure how I stood
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: It drives fine then for no apparent reason will not start you get no warning
Submitted: 17 days ago.
Category: Law
Expert:  Joshua replied 17 days ago.

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.

Expert:  Joshua replied 17 days ago.

I'm very sorry to read of the above. May I confirm if you bought the vehicle and paid the garage or whether you gave your grandson money and they subsequently bought the vehicle themselves using your money please?

Customer: replied 17 days ago.
I bought the car for his birthday I paid the garage from my Bank
Customer: replied 17 days ago.
Sorry I'm at work so cant speak on the phone
Expert:  Joshua replied 17 days ago.

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 if indeed any warranty was offered at all or the warranty has not yet expired as I think is the case here. 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. You may need to obtain a mechanics report from an independent garage as to the cause of the issue as evidence which I think from what you say you may already have.

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, 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.

In terms of how you may consider proceeding. You may wish to write to the original dealer inviting them to consider repairing or replacing the car on the grounds that it 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 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

Expert:  Joshua replied 16 days ago.

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

Expert:  Joshua replied 15 days ago.

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.

Expert:  Joshua replied 14 days ago.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.