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.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7478
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Law Question Here...
Thomas is online now
A new question is answered every 9 seconds
UK Law
This answer was rated:

after buying a car from evans halshaw 3months ago i have been

back 4 times now there... Show More
back 4 times now there is another problem that needs resolving they can book the car in but cant give me a spare car to carry on whith my work i took out the extra 2 year warranty which now seems pointless please can you advise me
Show Less
Ask Your Own UK Law Question

Hi ,

 

Thanks for your question.

 

The law states that up until 6 months after the sale of the vehicle, it's up to the dealer to prove that the fault wasn't there when he sold it to the purchaser. This is called the "Reversed Burden of Proof". They will know this and you can cite it to them if they claim "it's your fault"

Go back to them, state that the car is not of a satisfactory quality under s14(2) Sale of Goods Act 1979 and that you require that they repaired. This is therefore a breach of contract. They must do the repair within a reasonable time.

 

You are entitled to ask for a replacement car or hire car whilst you are in dispute. If the dealer declines to do this then you can recover any costs incurred for hiring a vehicle and add it to your claim (if you end up issuing).

 

Write a formal letter to the dealer stating the above and stating that you require the repair/replacement hire car to be effected within 7 days of the date of the letter, failing which you will make an application to Court for a full refunds, expenses and legal fees you incur.

 

Also state you will contact Trading Standards, www.tradingstandards.gov.uk

, and Retail Motor Industry Federation (if they are a member, http://www.rmif.co.uk/.)

 

State that you do not wish to speak on the telephone unless it is to arrange a hire car and/or the repair to your car. Fax of email the letter to them and state you wish to correspond only by email.


Once they know you are aware of your rights, dealers tend to be more constructive in resolving these things

 

If they do not respond to you letter you may have to either issue you ask a solicitor to write a letter before action to the them prior to commencing your claim.

If this has been useful please kindly click accept so that I may be rewarded for my efforts. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,

Tom