When purchasing a car, you may expect everything to work correctly and the car to run smoothly. Unfortunately, this is not always the case. Should you find yourself in this situation, it can be difficult to know what to do to get the problem resolved.
When purchasing a car as a consumer, the Consumer Rights Act 2015 can assist in understanding your rights and how you can resolve the issues and disputes that have arisen from the purchase.
The following sections of the Act explain the standard the car should be in, at the time of purchase:
- That the goods must be of satisfactory quality (section 9);
- That the goods must be fit for purpose (section 10); and
- They must be as described (section 11).
Where the vehicle does not conform to the contract because it fails to satisfy the terms set out above, your rights are as follows:
- A short term right to reject (section 20 and 22);
- The right to repair or replacement (section 23); and
- The right to a price reduction or the final right to reject.
It is important to note that any issues should be raised as soon as they are identified. When the problem is identified and raised it will affect the remedies available to you.
Where a problem is identified within the first 30 days from the purchase, you are entitled to reject the car and receive a refund. It may be that the seller refuses to take the car back and you have to engage in pre-action correspondence in order to receive the refund you are entitled to.
Where a problem is identified after 30 days of purchasing the vehicle but before six months has passed since the date of purchase, you have the right to request for a repair or replacement vehicle. The onus of proving that the fault was not present on the sale of the car falls with the seller.
Where a fault appears following six months from the date of ownership, the burden falls with the purchaser to show that the issue was present at the time of the purchase. Expert Evidence will be required to prove to the seller that the issues were present at the time of the purchase. The evidence obtained can be used to set out the issues with the vehicle or the work carried out to the vehicle by the service provider. If the evidence is to be relied upon in subsequent proceedings, the expert evidence report will need to comply with the Court rules and accordingly, it is important to check whether your chosen expert can produce such a report before proceedings with their instruction.
Breach of contract
A dispute of this kind is known as a breach of contract. Breach of contract disputes are subject to a limitation period of six years from the date of the breach. This means that any claim arising from a breach of contract must be issued with the Court within six years of the breach occurring. A failure to issue the claim within the specified time period will result in the consumer being time barred by operation of the Limitation Act 1980. This means that, where a car does not satisfy the standard set out above at the time of purchase, you have six years to issue a claim.
The first step in resolving an issue with the seller is to write to the seller setting out your claim. It is likely the seller will defend the claim and the parties will need to engage in correspondence to narrow the issues and try to settle the dispute by reaching an agreement. At Nelsons, our expert team is able to assist individuals in this position in navigating the procedural framework and engaging in negotiations to bring such a stressful situation to a speedy conclusion.
How can we help?
Faye Henderson is a Trainee Solicitor at Nelsons.
For further information on the subjects discussed in this article or any related topics, please contact a member of our Dispute Resolution team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
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