When you buy a second-hand car from a dealership your rights as a consumer are covered under the Consumer Rights Act.

The Consumer Rights Act means that as a buyer the goods you are buying should be satisfactory quality, fit for purpose and as described.

In the TV show The Sheriffs are Coming we often have stories of one or more of these being an issue for the claimant.

Satisfactory Quality - Satisfactory quality includes durability

Fit for purpose - The car should be able to be utilized for its intended purpose.

As described - If the car was advertised, ensure you take a screenshot or picture of the advert and check that it has everything stated. This will include items such as electric windows, a satnav, parking sensors and other add on items and upgrades.

Knowing who you are buying from

As a lot of these types of businesses can change name and often do not have full transparency when you are buying a vehicle, it is very important to know exactly who you are dealing with.

If the dealership or trader ignores your requests for a repair, you have six years to take them to the court for faulty goods. You will need to have completed the following:

  • Asked the dealership for a refund if it has been less than 30 days since purchase (30 day right to reject).
  • Contacted the dealership or trader asking for a repair or replacement if more than 30 days have passed.

If the seller ignores your correspondence, you should write to them giving them a final chance and explaining that you will be taking them to court to seek a resolution.

As part of due diligence, it might also be worth trying to find out if the dealership has assets such as cars that could be seized if it went as far as enforcement.

Small claims court

If the value of the car was below £10,000 you can use the small claims court

If your claim is for over £10,000 you will need to go to court.

Judgment

Once you have a judgment and the claimant still hasn’t paid then you can instruct us to recover the money for you here https://thesheriffsoffice.com/instruct-us

 

David Asker

David is an authorised High Court Enforcement Officer and our Director of Corporate Governance

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