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i have just bought a van from a trader being told it came with…

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i have just bought a...
i have just bought a van from a trader being told it came with 3 months warranty almost strait away i started to get lots of problems with it now iv called to get the problems sorted out they tell me there is no warranty i bought it "sold as seen" even though it does not state that on the invoice but i also do not have anything on paper saying i have a warranty even though i was told it came with one im a self employed builder and cant go to work because the van is undrivable with no brakes do i have any leagal rights ?
Submitted: 8 years ago.Category: UK Law
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Answered in 1 minute by:
6/29/2010
Solicitor: Thomas Judge, Solicitor Advocate replied 8 years ago
Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 34,000
Experience: Award winning lawyer with over 15 years experience
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Hiya,

There is quite a lot your can do and I have set this out below - realistically you have a claim against the dealer where there is a problem about a car and also where you pay be credit card a claim under s.75 of the Consumer Credit Act.

In short you need to formally write to the dealer setting out your complaint and threaten legal action for the return of your money if the reality is that the problem is considerable, came with the vehicle and you bought it very recently and the repairs can not resolve the problem.

As you bought the vehicle from a dealer, you will have certain rights under consumer law. Under the Sale of Goods Act a secondhand vehicle must match its description, be fit for its purpose, and be of satisfactory quality.

However, the standard for meeting the requirement that the vehicle is of satisfactory quality will be lower because it is secondhand.

A secondhand vehicle should be in reasonable condition and work properly.

When deciding whether a secondhand vehicle is in reasonable condition it is important to consider the vehicle's age and make, the past history of the vehicle and how much you paid for it. If a secondhand vehicle needs more extensive repairs than seemed necessary at the time it was bought, this does not necessarily mean that the vehicle is not of satisfactory quality.

A secondhand vehicle can be of satisfactory quality if it is in a useable condition, even if it is not perfect. If the vehicle develops a problem soon after you bought it, you may have a right to return the vehicle to the dealer and get your money back.

This would probably need to be within about three to four weeks at the most of buying the vehicle.

The problem would need to be fairly major, and you would need to take into account the age, mileage and price of the vehicle when deciding whether it is reasonable to take it back. You must stop using the vehicle at once and contact the dealer.

The fault must have been there when you bought the vehicle. If you do agree for a major fault to be repaired and the repair turns out to be unsatisfactory, it's not too late to ask for your money back. If the dealer won't agree to put the problem right, you can take legal action up to six years from the date you bought the vehicle.

If you take the vehicle back within six months of buying it, the dealer should accept that there was a problem when the vehicle was sold and offer to repair or replace it. If the dealer doesn't accept that there was a problem when the vehicle was sold, they will have to prove this.

After six months, it will be up to you to prove that there was a major problem with the vehicle when it was sold. You will have to provide evidence of this so it may help to get an independent report which could establish the condition of the vehicle when it was sold. If the dealer agrees to repair the vehicle, the repairs have to be carried out within a reasonable time and without significant inconvenience to you.

The dealer must pay the costs of the repairs. If the repair has taken a long time, you may be able to use a service loan car or claim compensation, for example, for the cost of hiring a vehicle. If the dealer refuses to repair the vehicle, you are entitled to get it repaired elsewhere and claim back the cost from the dealer.

If the vehicle can't be repaired or replaced or this is considered too expensive, taking into account the type of fault, you may have the right to get your money back. If the dealer doesn't agree on the cause of the problem, you can do the AA, RAC, or from anyone suitably qualified who is willing to put their findings in writing. You will usually have to pay for the report.

You should also reach agreement with the seller in advance on the choice of expert and that you will both be bound by the expert's findings. In addition many dealers are members of trade associations which have a Code of Practice covering the sale of new and secondhand cars and repairs.

If the dealer is a member of a trade association, it may offer to help you negotiate an agreement with the dealer through conciliation or arbitration. if you are still dissatisfied, write to the dealer repeating your complaint and mentioning any action that has already been taken.

As you have bought the vehicle on credit, you should send a copy of this letter to the credit company. You have a claim under s.75 of the Consumer Credit Act and as long as the amount of money you spent on the card is between £100 and £30,000.

Say that you will give the dealer fourteen days to sort out the problem or you will consider legal action.

Send your letter by recorded delivery with a copy to the head office. Be sure to keep copies of all letters.

If you are at all worried then I would suggest that you pop along to the CAB who will give you free advice on this matter

I hope that this helps

Please remember to press ACCEPT so that I can get my credit.
Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 34,000
Experience: Award winning lawyer with over 15 years experience
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Customer reply replied 8 years ago
i paid cash for the vehicle stupidly does that make any differance ?
Solicitor: Thomas Judge, Solicitor Advocate replied 8 years ago
Hiya,

It makes no difference - you still have the claim as set out above.

Please remember to PRESS ACCEPT
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