Legal consumer rights, quick question

  • Thread starter Thread starter IC3
  • Start date Start date

IC3

IC3

IC3

Soldato
Joined
3 Dec 2011
Posts
10,525
I did some reading about consumer rights in case anything goes wrong with the car or you simply change your mind. But I'm not too clear on two things, now to make it easier to understand I've made up a scenario...

You buy the 2nd hand car for under £10k from a dealer/garage (nothing mentioned verbally or on paper about any faults), the car develops a problem within couple days of purchase which makes it 'unfit for purpose'. Whilst buying the car you sign a 'No Warranty' form, but you're unaware of the issue (engine or gearbox, something costly) with the car as it's not present during the purchase of the car. The car is bought after 1st October...


So my question is, do those 30 days still apply to this scenario or are you left alone on ice without any legal rights? Lets say you do the diagnostics in respectful authorised garage and in the report it clearly states that there's a mechanical fault with the car, so you have some kind of evidence.


I did some Googling and didn't get a clear answer to my question, maybe someone can shed some light on it? :confused:
 
That 'form' you have posted is from the USA and has nothing to do with buying a car in the UK.

If there is a mechanical fault with the car that soon after purchase you have rights irrespective of what you signed.
 
[TW]Fox;28756983 said:
If there is a mechanical fault with the car that soon after purchase you have rights irrespective of what you signed.
Click to expand...
So the sooner you take action against the dealer, the bigger advantage over him you have?
 
Last edited:
You have the right to return the car and have them repair or refund you the money. The fault is assumed to have been present when the car was purchased as no dealer or buyer will be able to inspect a car enough to guarantee it's 100% fault free. It's down the them to prove you broke the car.

MW
 
[TW]Fox;28757388 said:
No, you don't - there is no automatic right to a refund. They are allowed the opportunity to put the problem right.
Click to expand...

Which seem to suggest that under the new Consumer Rights Act 2015 you do have the right to a full refund if you reject within 30 days - unless that's just poorly worded or it doesn't apply for secondhand goods?

Citizen's Advice PDF also suggests the same 30 day period for a full refund provided it is unfit for purpose, not as described or not of satisfactory quality n.b. not just because you change your mind however.
 
semi-pro waster said:
Which seem to suggest that under the new Consumer Rights Act 2015 you do have the right to a full refund if you reject within 30 days - unless that's just poorly worded or it doesn't apply for secondhand goods?

Citizen's Advice PDF also suggests the same 30 day period for a full refund provided it is unfit for purpose, not as described or not of satisfactory quality n.b. not just because you change your mind however.
Click to expand...

It makes a specific mention of motor vehicles for one of the rights to it seems that you are correct - it does include cars. Blimey! That is a big change.
 
So in other words, when the car is not fit for the purpose as one of the components such as e.g. gearbox develops a problem couple days after the purchase, with the evidence of the fault there shouldn't be a bigger problem with getting the money back.

Even better when a debit card was used for the purchase, right?
 
Last edited:
IC3 said:
So in other words, when the car is not fit for the purpose as one of the components such as e.g. gearbox develops a problem couple days after the purchase, with the evidence of the fault there shouldn't be a bigger problem with getting the money back.
Click to expand...

That's not 'unfit for purpose' its 'not of merchantable quality'/

Unfit for purpose would be if you had asked for a car with, say, feature X, they'd sold you it based on that, and it turned out not to be able to do it.
 
[TW]Fox;28757702 said:
It makes a specific mention of motor vehicles for one of the rights to it seems that you are correct - it does include cars. Blimey! That is a big change.
Click to expand...

Also states this though further down:
But if you buy a second hand car that was not described as being in excellent condition or good working order and it breaks soon after you buy it, you don't have any right to reject it or to claim compensation.
Click to expand...
http://www.which.co.uk/consumer-rig...car-i-bought-has-a-problem-what-are-my-rights

Bit confusing
 
It is confusing.
but most dealers will say " excellent condition" or "good working order" in their sales pitches
As soon as they havedone that. The 30 days rule has a meaning
 
You must log in or register to reply here.
Back
Top Bottom