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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I bought a second hand Ford Galaxy from a local garage, on

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I bought a second hand Ford Galaxy from a local garage, on 28th May 2010, i got £500 part ex for my old car against it and paid another £3,000. cash. The 3 month warranty runs out next week, the car has been back to the garage 7 times since i have had it, it was leaking coolant and overheating, they managed to fix it the 3rd time it went back but only by filling it with a liquid sealant which is a temporary measure according to another mechanic, they should have replaced the radiator, the car has also been stopping going above 60 mph on the motorway which apparently is the car safety cut out, they had the car in the garage for 11 days to try fix this problem but the day after i got it back it happened again, i feel they are stalling me until the warrenty runs out and then find the real problem with it, i want a refund tomorrow, am i entitled ?
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,


Thanks for your question.


Don't worry too much about the warranty - you could still claim in contract under the sale of goods act 1979 if you have purchased from a dealer in the course of his business.

 

 

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"

 

If you have bought from a dealer in the course of his business then the Sale of Goods Act 1979 implies certain terms in to your contract with the dealer for the purchase of the car.

 

Go back to them, state that the car is not of a satisfactory quality under s14(2) of Sale of Goods Act 1979 and that you require a refund. If they refuse then state that you require it repaired for once and all. They must do so within a reasonable time. If repair is not an adequate remedy then you can demand a replacement from them or refund if there is no adequate replacement and the disrepair is of such an extent that it substantially denies you the whole benefit of the contract (ie. to a car that functions satisfactorily).

 

If they refuse to make further repairs or refuse to acknowledge the continuing disrepair then you should state that you wish to deal with them only by way of written correspondence. Keep copies of everything. You will have to write to them stating either that they should make the repair within a stated time (or offer a refund) otherwise you will make an application to Court to recover the monies or that they should permit an independent professional to assess the state of the repair of the car.

If they are not compliant you should also tell them you will contact Trading Standards, http://www.tradingstandards.gov.uk/, and Retail Motor Industry Federation (if they are a member, http://www.rmif.co.uk/.

Once they know you are aware of your rights, dealers tend to be more constructive in resolving these things but if you need to litigate you can find litigation solicitors through the Law Society's website:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

They will initially write a letter before action to the dealer asking for a full refund, this should cost around £40-50.00 + Vat.


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

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6296
Experience: BA (Hons), PgDip, Practising Solicitor
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