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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 44957
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Ben, I bought a car on the 14th of April from a dealer

Customer Question

Hi Ben,
I bought a car on the 14th of April from a dealer in London. After 1 week a fault came on the car leading to a £500 - £600 bill. With supsicions raised I have now following investigation found that the dealer bought the car from auction on the 2nd of April with a mileage of 106,000.....the mileage now reads 96,500. This also fits with historic MOT tests. Can I claim the repair costs back to the dealer?
Submitted: 1 year ago.
Category: UK Law
Expert:  Ben Jones replied 1 year ago.
Hello have you approached the dealer about this?
Customer: replied 1 year ago.
not yet however I am currently carrying out further investigations to determine how much of the service history has been forged. Once I have all of the evidence I then want to see what course of action to best take.
Expert:  Ben Jones replied 1 year ago.
Hello, sorry I was offline by the time you had replied earlier. When a person buys a second-hand vehicle from a dealer they will have certain rights under consumer law, specifically the Consumer Protection from Unfair Trading Regulations 2008 (CPR) and the Sale of Goods Act 1979 (SGA). Under the CPR, the following business practices are deemed unfair if they prompted you to make a decision to buy the car in question:· Giving false information about the vehicle or deceiving the buyer through false advertising· Giving insufficient information to the buyer, for example leaving out important information about the condition of the car Failure to adhere to the CPR rules will be unlawful and may even amount to a criminal offence so if you believe that the dealer acted in contravention of these rules you can bring this up with them when you contact them about this. In addition, you will have certain rights under the SGA, which states that when you buy an item from a business seller it must be of satisfactory quality, fit for purpose and match its description. If the car does not satisfy any of these, the dealer will be responsible. They will only be liable for faults that were present at the time the vehicle was sold, even if they become apparent later on. However, they will not be liable for fair wear and tear, misuse or accidental damage or any issues that were brought to the buyer’s attention before the sale. The age and value of the vehicle will also be relevant and the expectations of older vehicles will certainly be lower. If the vehicle does not meet the above requirements, the buyer can reject the vehicle and return it to the dealer requesting a refund. However, this will need to be done within a ‘reasonable period, which is usually 3-4 weeks after purchase. If the buyer is too late to reject the vehicle, they could instead request that it is repaired or replaced without causing them significant inconvenience. The dealer may only reject a repair or replacement if it is impossible or disproportionate in the circumstances. If that happens, you are entitled to get it repaired elsewhere and claim back the repair costs, although there is an obvious risk in doing so as there is no guarantee in getting any of the money back. This is what you have done so you would have to chase them for the repair costs, rather than asking them to undertake the repairs. If the dealer refuses to resolve this issue or accept any liability, you could take legal action against them. However, before going down that route you should try and resolve the issue directly with them by sending them a formal letter specifying how you want this matter resolved and giving them 7 days to respond. Advise them that if they fail to get back to you or deal with this in a satisfactory manner, you will have no other option but to report them to Trading Standards and issue legal proceedings to seek compensation. This would be done in the small claims court in your case via www.moneyclaim.gov.uk I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you

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