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PostPosted: Wed Nov 11, 2015 7:10 pm    Post subject: The Consumer Rights Act - all Car Sales Post 01 Oct 2015 Reply with quote

The Consumer Rights Act

The Consumer Rights Act came into force for all Sales after 1 October 2015 and covers the purchase of goods, digital content and services including new and used cars from official dealers (it doesn't apply to private sales) as well as servicing, repairs and maintenance work.

http://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

Like the Sale of Goods Act that preceded it, the Consumer Rights Act states that products must be:

- of satisfactory quality
- fit for purpose, and
- as described

*** For cars purchased before 1 October 2015 the Sale of Goods Act still applies***

The dealer must have the right to sell the vehicle and is liable for faults with the vehicle - that mean it was not of satisfactory quality - that were present at the time it was sold even though they may only become apparent later on.

Satisfactory quality

Satisfactory quality means that the vehicle should be of a standard a reasonable person would expect, taking into account factors such as:

- age
- value
- history
- mileage
- make
- durability
- safety, and
- description

An old car with high mileage would not be expected to be as good as a younger car with low mileage but each should still be roadworthy, reliable, and in a condition consistent with its age/price.

Wear and tear
The dealer is not liable for fair wear and tear, where the vehicle broke down or the fault emerged through normal use, nor are they liable if they drew your attention to the full extent of any fault or defect before you bought the car.

Fit for purpose
Fit for purpose means that you must be able to use the vehicle for the purposes that you would normally expect from a vehicle including any particular purpose that you tell the dealer about before you buy, or which the dealer has advertised or gleaned from your conversation. This would include towing or short journey use.

Faults, repairs and refunds
Under the new act, if a fault renders the product not of satisfactory quality, not fit for purpose or not as described, then the buyer is entitled to reject it within the first 30 days.

Between 30 days and 6 months
If a fault comes to light after 30 days but before 6 months have passed then you are entitled to a repair, replacement or refund. It is assumed in law that the fault was present at the time of purchase unless the seller can prove otherwise. During this period, unless you have agreed otherwise, the seller (dealer) has only one opportunity to repair (or replace) the faulty vehicle after which, if they fail to repair it, you are entitled to a refund.

In the event of a refund following a failed attempt at repair during the first six months the seller is permitted to make a 'reasonable' adjustment to the amount refunded to take account of the use that you have had of the vehicle since you bought it.

After 6 months
For faults that arise after six months the burden is on you to prove that the product was faulty at the time of delivery if you want to pursue a claim for repair or replacement.
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PostPosted: Sun Jan 08, 2017 2:19 pm    Post subject: Reply with quote

Your rights if something is wrong with your new car purchase

If a car you buy turns out to be faulty, your rights and options largely depend on who you bought it from and how they described the car. You have less legal protection when buying from a private seller or from a car auction than when buying from a dealer.

Problems with cars bought from dealers

If you buy a new or used car from a dealer and experience problems with it, you have some statutory rights under the Consumer Rights Act 2015.

The Act states the car must be “of a satisfactory quality”, “fit for purpose” and “as described”. (For a used car, “satisfactory quality” takes into account the car’s age and mileage.)

• You have a right to reject something faulty and you are entitled to a full refund within 30 days of purchase in most cases.
• After 30 days you lose the short-term right to reject the goods.
• You’ll also have fewer rights, such as only being able to ask for a repair or replacement, or a partial refund.
• In fact, you’re legally allowed to return it up to six years after you bought it (in Scotland, it’s five years after you first realised there was a problem).

But it gets more difficult to prove a fault and not normal wear and tear is the cause of any problem.

How to get things put right

Here’s what to do if you have a problem with a new or used car bought from a dealer:

• Contact the dealer as soon as you notice the problem – in person if possible.
• If the dealer offers to fix the problem, make sure you understand any costs involved. Keep a record of your conversations and correspondence, and get all verbal agreements in writing.
• If all else fails, you can reject your car as long as you tried to resolve the issue with the dealer first.
• You must give the dealer details of your reasons for rejecting the car in writing, and within six months of taking delivery of it.
• If the dealer refuses to accept your rejection of the car, contact the customer relations department of its manufacturer straight away. They might be able to mediate.
• Try to keep conversations with them as amicable as possible.
• Keep a record of all your exchanges and make sure any verbal agreements are put in writing.
• For help making your complaint, you can use Resolver.co.uk. The Ombudsman Services said “Resolver.co.uk is a free online service and app offering consumer advice and simplifies the process of complaining.”

Extra protection when buying from a dealer

If you buy a new car or used car from a dealer and something goes wrong with it, you’ll have extra protection if you bought it through:

Hire purchase: You have protection under section 75 of the Consumer Credit Act 1974 and the Consumer Rights Act 2015.

• The vehicle should be of satisfactory quality, fit for its purpose and as described.
• With hire purchase, it is the finance provider, rather than the dealer, who is legally responsible if there are problems with the car.
• Using a credit card: If you paid all or part of the cost of your car by credit card, the card company and the trader might be jointly responsible for compensating you under Section 75 of the Consumer Credit Act 1974.
• Paying cash using a debit card: Your purchase won’t be covered by Section 75 of the Consumer Credit Act, but you might be able to claim a refund from your debit card provider through a voluntary scheme known as ‘chargeback’. Visa, MasterCard, Maestro and American Express are among the companies signed up to chargeback.
• Depending on the card you used, you’ll probably need to make your claim within 120 days of noticing the problem.

Chargeback claims can take some time to process because the card company has to get the money refunded before it can pass it on to you.

Problems with used cars bought privately

Buying privately is one of the riskiest ways of buying a car. If something goes wrong with it you don’t have as much legal protection as you would if you’d bought the car from a dealer.

• The car must match the seller’s description, be roadworthy and the seller must have the legal right to sell it to you.
• In other words, the car must work, meet the legal requirements for being driven on public roads, and be owned by the seller.
• But you are responsible for ensuring the car is “of satisfactory quality’’ and “fit for purpose” before you buy it.
• Watch out for any unscrupulous sellers pretending to be private owners so they can offload faulty or stolen cars.

Problems with used cars bought at auction

Car auctions are fast-paced and exciting, but can spell danger for the inexperienced and unwary.

• Once you’ve made a bid you can’t undo it. So make sure you know in advance what comeback you’ll have if the car proves to be faulty.
• Live car auctions: You might not have any rights under the Consumer Rights Act 2015 and the car might be sold to you “as seen”.
• So before bidding, always check the auction house’s terms and conditions as well as the car itself.

• Online car auctions: With online auctions your legal rights depend on whether the seller is a private individual or a car dealer.
• If the seller is a private individual, the car only needs to be as described – so it’s a case of ‘buyer beware’.
• Your legal rights are the same as if you were buying from them in person (see ‘’Problems with used cars bought privately’ above).
• If the seller is a dealer, you’ll be protected by the Sale of Goods Act if you find the car isn’t of satisfactory quality, fit for purpose or as described.
• You will also be covered by Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which means you are entitled to cancel the order within 14 days of the original purchase.

If you buy a car or any other item from an auction website using the ‘buy now’ option, this doesn’t count as an auction purchase. If you choose ‘buy now’ your normal consumer rights – including distance selling rights – will apply, as long as you are buying from a business trader.
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PostPosted: Sun Jan 08, 2017 2:53 pm    Post subject: Reply with quote

Your rights if something is wrong with your used car purchase

If there’s something wrong with your used car (eg it’s breaking down, the brakes have gone or it’s been clocked), you may have a legal right to a repair, the cost of a repair, or some or all of your money back.

You won’t be entitled to anything if:

• you were told about the fault when you bought the car - and someone fully explained what the problem meant
• you inspected the car and should’ve spotted the problem, for example a dent
• you’re just unhappy with how much you paid for the car you caused the fault
• Your consumer rights are different if you’ve changed your mind about the car and there’s nothing wrong with it.

BUYING FROM A TRADER

1. WITHIN 30 DAYS OF THE PURCHASE DATE

you’re legally entitled to your money back or a repair if the car is faulty
Faulty’ means the car is not:

• ‘of satisfactory quality’ - it should do what you’d expect for its age, price and type
• ‘fit for purpose’ - eg if you asked for a car that would pull a caravan, it has to be able to do that
• ‘as described’ - it has to match the advert or the description the trader gave you

If the problem fits into at least one of these categories, take it back to the trader before 30 DAYS FROM THE PURCHASE DATE to get a full refund. You have longer if you only want a repair - and if the trader takes too long (or it causes you too much inconvenience), you’ll still be entitled to a refund.

Think about whether the problem is likely to lead to bigger issues when you’re deciding whether you’d rather get a repair or a refund.

If the problem doesn’t need fixing (for example there’s a dent), you might want to ask the trader for a discount instead.

If the fault means you can’t drive the car, you should ask the trader to come and collect it at their own cost. You shouldn’t have to pay, so long as the car is actually faulty.

If you part-exchanged your old car
Ask for the old car back too, if you’re asking for a refund. If the trader already sold on your old car, ask for the value they gave it when you did the deal on the new one.

2. AFTER 30 DAYS BUT WITHIN 6 MONTHS DAYS OF THE PURCHASE DATE

You’re entitled to a repair if the car is faulty - but you should act quickly.

Faulty’ means the car is not:

• ‘of satisfactory quality’ - it should do what you’d expect for its age, price and type
• ‘fit for purpose’ - eg if you asked for a car that would pull a caravan, it has to be able to do that
• ‘as described’ - it has to match the advert or the description the trader gave you

You’re legally entitled to a repair if something goes wrong with the car. It’s easier within the first 6 months.

If the trader takes too long (or it causes you too much inconvenience), you’ll still be entitled to a refund.

3. AFTER 6 MONTHS DAYS BUT WITHIN 6 YEARS DAYS OF THE PURCHASE DATE

If you can prove that the car was faulty when you bought it, the trader must pay for a repair.

You have legal rights for up to 6 years, but only if you can show that you didn’t cause the fault. The longer you’ve had the car, the harder it will be to prove that the problem was there when the trader sold it to you.

Plus, you’ll only have legal rights if the car is not:

‘of satisfactory quality’ - it should do what you’d expect for its age, price and type
‘fit for purpose’ - eg if you asked for a car that would pull a caravan, it has to be able to do that
‘as described’ - it has to match the advert or the description the trader gave you

Get a second opinion

Take the following steps:

• If you can, ask friends and family to recommend a reliable car garage. This may make you feel more comfortable than letting the trader choose someone.
• Tell the trader that you’re getting a second opinion from a third party. • Keep a record of your conversations and correspondence, and get all verbal agreements in writing. It’s a good idea if you get the trader to agree to this, as it’ll help you if you end up in court.
• Get a second opinion from the third party you’ve agreed on - explain the situation, and get them to write down what they’ve found.
• Go back to the trader with the report - so long as it doesn’t say you caused the fault.

If the trader still won’t repair the car
You can ask for:

• your money back - you may only get a partial refund, depending on how much you’ve used the car
• a discount on the car, if you want to keep it
• a repair again, but more formally this time

4. MORE THAN 6 YEARS FROM THE PURCHASE DATE

You’re not entitled to a refund or free repair

You don’t have any rights under consumer law, because you bought the car more than 6 years ago (or 5 years ago if you bought it in Scotland).

Your best option is to find an approved car garage and pay for the repair yourself.

________________________________________________________

UNDER SITUATIONS 1, 2 AND 3 AS ABOVE

What to say
Let the trader know you understand what you’re entitled to.

You can say something like this:
“Under the Consumer Rights Act 2015, this car should be of a satisfactory quality, fit for purpose and as described. My rights have been breached because the car you sold me is faulty. I would like you to put this right by giving me a refund/repairing the car at your cost.”

Keep a record of your conversations and correspondence, and get all verbal agreements in writing - including when you can expect the car to be ready if you’re asking for a repair, and whether they’ll offer you a courtesy car in the meantime (they’re not obliged to do this but you could ask).

If you paid by debit or credit card
You have extra rights if you paid by debit or credit card - you can get your money back through your bank if the trader’s being difficult.

Contact your bank and say you want to use the ‘chargeback’ scheme. Many bank staff don’t know about the scheme, so you may need to talk to a manager.

If you paid by credit card and the car cost more than £100, it may be easier to tell your bank you want to ‘make a section 75 claim’. It’s another way to get your money back.

If you’re still not getting anywhere

Take the following steps:

1. Fill in and send a complaint letter to the trader https://www.citizensadvice.org.uk/letter-to-complain-about-faulty-goods/ - it contains legal terminology and may help them realise you know your rights.
2. See if the trader is a member of a trade association. If they are, see if the trade association has a code of practice - you may be able to point to certain standards they should be following.
3. If that doesn’t work, ask the trade association if they have an alternative dispute resolution (ADR) scheme - it’s a way of solving disagreements without going to court. A third party will mediate to try and reach a solution.
4. If they don’t respond, they’re not a member of an ADR scheme or won’t use ADR, keep a record of the fact that you asked them (and the date). You’ll need this if you end up in court.
5. Choose an alternative dispute resolution (ADR) scheme yourself to try and solve the problem more informally. It’ll help you later if you end up going to court. it’s a way of solving disagreements without going to court. A third party will mediate to try and reach a solution.
6. Take your case to a small claims court (or use the simple procedure if you’re in Scotland). This is a last resort and can be expensive and time-consuming.

Your rights after the car’s been repaired

You don’t have to accept a second repair if something goes wrong and you’d rather not keep the car. You can ask for your money back if:

• the repair hasn’t solved the problem
• another problem has developed

You may only get part of your money back, depending on how much you’ve used the car. You could also ask for a discount if you still want the car.
_________________
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PostPosted: Sun Sep 02, 2018 2:19 am    Post subject: Reply with quote

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