James Carter of Manchester, who required advice from consumer rights Solicitors in Manchester, bought a second-hand BMW (registration YH59 DDE) in November 2023. After discovering serious faults that rendered the car unfit for its purpose, he sought a resolution from the dealer, but was met with resistance. Aldwych Legal was instructed to pursue a claim under the Consumer Rights Act 2015.
What Happened
The car developed multiple faults soon after purchase, warranting an independent engineer’s inspection which confirmed significant defects making the vehicle unfit for its purpose.
Although the dealer claimed the faults were as seen and offered a £300 discount related to the missing MOT, these explanations did not reflect the car’s latent faults or the duty to deliver goods of satisfactory quality under the Act.
The dealer had not arranged a pre sale mechanical inspection, and the vehicle was advertised with a full service history, a 3-month warranty, and an assurance of roadworthiness, which intensified their obligation to deliver a sound vehicle.
The sale occurred in November 2023. We obtained an independent report and prepared a Letter of Claim, offering a 14-day window for the dealer to respond before pursuing court action or referral to the Motor Ombudsman.
Under the Consumer Rights Act 2015, the client was within their rights to demand a remedy for goods not of satisfactory quality. The 30-day rejection right allows a full refund within the initial period, and the claim sought a full refund plus recoverable costs due to the severity of the defects.
Legal Issues
- The BMW was not of satisfactory quality under Section 9 of the Consumer Rights Act 2015 due to undisclosed faults and the car’s age.
- The dealer’s as seen defence failed to align with the vehicle being advertised as roadworthy and with a service history and warranty.
- The seller’s responsibilities were undermined by the absence of a pre-sale mechanical inspection.
- The client sought a full refund and recoverable costs including road tax, insurance, fuel and alternative transport, with potential referral to the Motor Ombudsman if unresolved.
- Pre-action steps and compliance with the CPR and Pre-Action Protocols were taken to progress the claim efficiently.
Our Approach
We reviewed the file, obtained an independent engineer’s report, and prepared a formal Letter of Claim setting out breaches of the Consumer Rights Act 2015. We engaged in pre-action correspondence and negotiation under the Pre-Action Protocol, with a 14-day response deadline set for the dealer.
Our approach focused on credible evidence and clear remedies, avoiding unnecessary delay and pursuing a swift resolution.
Outcome
The dealer agreed to issue a full refund to the client, including reimbursement of costs such as road tax, insurance, fuel and reasonable alternative transport. The matter was resolved without court proceedings.
Result / Why It Matters
Aldwych Legal‘s proactive handling under the Consumer Rights Act 2015 demonstrates how robust pre-action negotiation and evidence-based advocacy secure fair outcomes for clients in the used car market.
