How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Joshua Your Own Question
Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 32232
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Law Question Here...
Joshua is online now

Last week on 16 l have buying a car from a trader garage but

This answer was rated:

Hi,last week on 16 l have buying a car from a trader garage but from last Friday I contact them for they look the big problem the car have they give a n. For me call l not getting anything from this n.( mechanic).so I put the car on diferente garage for the diagnostic this big problem..so in mean time the trader tall me he not will pay anything ..so I can return the car back to the trader or making they paying the repair on the car ?
JA: Where are you located? And is a local lawyer or other consumer protection advocate helping with this?
Customer: I’m in bordon Hampshire
JA: Have you contacted the seller or manufacturer?
Customer: yes but he playing around
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 moment the car still on garage for the quote of 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'm sorry to read of the above. For the avoidance of doubt, may I confirm you bought the vehicle as a consumer rather than a business customer please?
  2. have you raised the issue or issues you have identified with the vehicle with the dealer to date?

Joshua and other Law Specialists are ready to help you
Customer: replied 15 days ago.
On 16 l not see the problem only on 17 l was driving the car.l just pick up the car on 17
I call him and he started playing around..
Customer: replied 15 days ago.
l buy the car on a garage
Customer: replied 15 days ago.
Can you please cancel a call request was a mistake
Customer: replied 15 days ago.
Sorry about
Customer: replied 15 days ago.
I’m working l can not answer the phone or speak
Customer: replied 15 days ago.
if they not want to paying.
I can return the car and make they give back my money back?

thank you. What is the issue that you have identified in relation to the vehicle?

Customer: replied 15 days ago.
Air bag and l thing the car have problem on head gasket…the mechanic already told me about the airbag but only tomorrow have more information about the head gasket and price
Customer: replied 15 days ago.
The passenger side airbag not working

thank you. Is your preference to keep the car subject to repairs being completed all do you prefer to attempt to seek a refund at this point?

Customer: replied 15 days ago.
I prefer keep the car because I have make new insurance,tax etc
Already I have depend some money on
Customer: replied 15 days ago.
Tomorrow I will pay the diagnostic
Customer: replied 15 days ago.
Hello

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. 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.

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 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

Customer: replied 15 days ago.
Okay thank you update me.
If l need more details l will coming backThank you
Paulo

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

Customer: replied 12 days ago.
Hello l have the diagnostic from the car is 1000 but the trader not whant pay and not let me return the car back
Customer: replied 12 days ago.
l need help for return the car back and receive my money back

if the trader will not engage with you, as we have discussed above, your next step would be to move to potentially issuing legal proceedings. If this becomes necessary, you should first and letter before action and if you wish, you can use the following service to help you to draft such a document:

https://www.lawdepot.co.uk/contracts/demand-letter-uk/?ldcn=lba

from there, you can issue proceedings using the link provided in my earlier post