Some months ago, we answered a consultation of Mr M., through the Round Town News. Mr M. bought a car from a local car dealer and after some months the head cylinder and the motor were replaced as they were in a really bad condition.
Mr. M instructed us to start a legal claim against the car dealer, and in the first instance at the Court of Denia, we won. The vendor appealed and finally the Alicante Province Audience ( Section 5) on its Court Order number 152 of the 25/03/2013, confirmed fully the first decision and agreed with all our petition, including the need for the car seller to pay all the legal costs and the court process.
As said on our first consultation, as per the General Law for Protection of Consumers and Users 1/2007 (LGDCU) (Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias (R.D.L. 1/2007), as the problem took place before the end of a six month period from the delivery of the product, and also within guarantee period agreed by the seller, it should be understood that the problem already existed when the car was delivered, unless the vendor proves that the buyer-consumer caused the problem.
We were able to prove in the court hearing that the problem, the car’s overheating, was due to the bad conditions of the motor.
Crucial to this case was the declaration of the authorized Toyota mechanic confirming the origin of the problems. However, we were close to losing the case due to a mistake made by our client in an email sent, where he made a mistake regarding the date when the problems with the car started. For that reason, we remind readers, that when they have a possible legal problem, they should never send anything in writing by email, fax, or letter until you check it with a lawyer.
Finally, and also in connection with the Spanish Consumers Laws and Problems, I am happy to inform that last week, I was interviewed in “ la teua veu