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, Lawyer
Category: UK Law
Satisfied Customers: 7149
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

Hello there I purchased a new Fiat 500 in April and two weeks after taking delivery of th

Resolved Question:

Hello there I purchased a new Fiat 500 in April and two weeks after taking delivery of the car an intermittant fault has developed with the ABS brakes. The dealer cannot fix the car as the manufacturer does not have a solution to do so. I have rejected the car on the basis that I feel it is dangerous and not fit for purpose. They have written back and said it is fit for purpose collect your car we will let you if and when there is a fix without any time scale.They have already had it for over 4 weeks. If I collect my car or send someone to collect it in order to have an independant engineers report carried out so I can take them to court will they take that as me accepting the fault. Is there any other advise you can give me to help me either get a replacement or my money back.
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.



Thanks for your question.


Yes, if there is a genuine fault with the car you can recover either the money for the car or damages in respect of the fault. Stop dealing on the phone with them, only in writing so that there is documentary evidence that you can use to assist you if you make a claim.


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 Sale of Goods Act 1979 and that you require that they repaired, they can try and fob it off to Fiat Customer Services but it's not their problem - it's the dealer's problem if there's a problem with the car and Fiat know that.


You are entitled to a replacement car during the dispute. If it can't be repaired and the disrepair is so serious that it deprives you of the whole, or substantially the whole, of the benefit of the car then you are entitled to either a replacement car or a full refund because of the dealers repudiators breach of contract. This is essentially a breach which is so serious that it entitles you to treat the contract as terminated.


You are not exposed by taking the car from the forecourt to an independent engineer, your rights under the contract subsist whether you take it or not.


At some point you may wish to threaten them If they are not compliant you should tell them you are prepared to make an application in the small claims Court and will also contact Trading Standards, , and Retail Motor Industry Federation (if they are a member, .

If you get nowhere corresponding you may wish to ask a local solicitor to write a one-off letter before action to show your serious, this is fairly inexpensive. If you have to issue and the amount of money you are claiming is less than £5000.00 then you can claim it yourself through If is is greater than that they you will have to issue on the Court's fast track and you will be able to claim for legal fees, interest and other costs.


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,


Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7149
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Previous | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC

Meet The Experts:

  • Ben Jones

    Ben Jones


    Satisfied Customers:

    Specialist in UK Legal Matters
< Last | Next >
  • Ben Jones's Avatar

    Ben Jones


    Satisfied Customers:

    Specialist in UK Legal Matters
  • INC's Avatar



    Satisfied Customers:

    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    Over 10 years experience in general legal matters
  • Matthew J's Avatar

    Matthew J


    Satisfied Customers:

    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • Stuart J's Avatar

    Stuart J


    Satisfied Customers:

    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • Thomas's Avatar



    Satisfied Customers:

    BA (Hons), PgDip, Practising Solicitor
  • Alex J.'s Avatar

    Alex J.


    Satisfied Customers: