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 Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 63937
Experience:  Over 5 years in practice.
Type Your UK Law Question Here...
Jo C. is online now
A new question is answered every 9 seconds

We bought a second hand car 4 days ago. It has already developed

Resolved Question:

We bought a second hand car 4 days ago. It has already developed several faults, so we decided we'd rather return it to the dealer and get a refund. We called the dealer but he has refused to give us our money back. He has offered to look at the car and attempt to solve the problems, but he has also been aggressive and abusive on the phone to us, so we'd rather just take the car back and get our refund. I believe we're within our rights to have a refund but if the dealer refuses, what can we do?
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer.



In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Where did you do the deal?
Customer: replied 1 year ago.


FOR JOMO1972


 


 


We bought the car from a dealer called XXXXX XXXXX Cars, in Penarth, Wales

Expert:  Jo C. replied 1 year ago.
Thanks

But was it by distance or in store?

Don't panic if I don't come back immediately. I think my ipad might run out of battery soon but I'll be back soon.
Customer: replied 1 year ago.

FOR JOMO1972


 


We saw the car online on Autotrader then went to see it and paid for it via bank transfer.

Expert:  Jo C. replied 1 year ago.
Thanks.

Do you know if he routinely sells by distance please?
Customer: replied 1 year ago.


Don't know, sorry.


 


We didn't buy it by distance - we went to see it and bought it from him at his garage.

Expert:  Jo C. replied 1 year ago.
No problem

Did you agree cooling off period?
Customer: replied 1 year ago.


How do you mean?

Expert:  Jo C. replied 1 year ago.
When you bought the car did you agree that you had a certain period of time to cancel?
Customer: replied 1 year ago.


No, we didn't.


 


We got a 3 month warranty when we bought the car, and the dealer has offered to fix the problems under that warranty, but we would rather return the car and get a full refund.


 


 

Expert:  Jo C. replied 1 year ago.
Thats bad news I'm afraid.

How bad are the faults and how much did you pay please?
Customer: replied 1 year ago.


Why is it bad news? I understood that under the Sale of Goods Act, we were entitled to a full refund?


 


We're not sure exactly what the faults are - but 3 different warning lights came on 2 days after we bought the car, indicating there are serious problems with the engine's management system.


 


We paid £3,250 for the car.

Expert:  Jo C. replied 1 year ago.
Thanks.
I do completely see why you are aggrieved over this but ultimately we are all hampered by the law to some degree.
This is a purchase to which the Sale of Goods Act applies. That will mean under S14 SGA it must be ʻfit for purposeʼ. That does not mean perfect but it does mean reasonably good with reference to the price you paid for it, its age and history. This is a fairly recent purchase and it wasnʼt an insignificant price. Clearly it is faulty and they seem to accept that by offering a repair so that should be no difficulty.
You do have to reject anything you purchase under the SGA which has a fault if you have not already ʻacceptedʼ it. What it means to ʻacceptʼ an item depends on the nature of the purchase, the price of the item, the length of time youʼve had it.
It is possible that a Court could say you have accepted this vehicle given that youʼve had it for two several or so before it was returned. There are cases that allowed for much longer periods of time but generally they involved fairly catastrophic failings with the vehicle.
The fault was, however, discovered within the first six months of sale so there is a presumption in your favour that it existed at the time of sale.
You do have a right to demand either a repair or a like for like exchange. The dealer can only refuse one or the other if he can show that the remedy is impossible or disproportionate. He is probably relying on the latter.
However, under the SGA, if he fails to act within a reasonable time or causes you unreasonable inconvenience, you are entitled to ask for rescission of the contract and a full refund or a price reduction.
You do seem to be describing nearly a month long repair which is significant so you could try to claim a refund on that basis.
Ultimately if they refuse though, they cannot be forced to provide you with an exchange. All you can sue for is damages in default.
Hope this helps. Please let me know if you need more information.
Customer: replied 1 year ago.

Thanks for that info.


 


If we accept his offer to try and repair the faults, but other faults develop after this - are we still entitled to return the car, under the SGA?


 


Or do we forfeit those rights by accepting the initial repair offer?


 


 


 

Expert:  Jo C. replied 1 year ago.
You don't forfeit your rights completely but its fair to say it gets harder to reject it the longer you leave it.
Customer: replied 1 year ago.

If we do reject the offer to repair the car, would our next step be to pursue this through the small claims court?


Would we have a strong case (i.e. be likely to win)?


 


thanks

Expert:  Jo C. replied 1 year ago.
You have a fairly unanswerable claim for damages but it would be irresponsible of me to tell you that you have a strong case to reject the car outright.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 63937
Experience: Over 5 years in practice.
Jo C. and 5 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... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...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
< Last | 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

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    3850
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    2612
    Over 10 years experience in general legal matters
  • http://ww2.justanswer.com/uploads/matthewjones/2009-9-7_20342_picture_007.jpg Matthew J's Avatar

    Matthew J

    Solicitor

    Satisfied Customers:

    323
    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/2013-12-6_91518_MeforJA.64x64.jpg Stuart J's Avatar

    Stuart J

    Solicitor

    Satisfied Customers:

    5198
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    24742
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    6561
    LL.B (Hons), Higher Prof. Dip. Law & Practice