Sale Of Goods Act (buying A Vehicle) - Your Rights

[2008]

Sale of Goods Act

 

Hi Everyone, just to give you a bit of background on my story before I start with the SOGA!

 

I bought a used Smart car just over three months ago (I know you're all going to tell me that that was the first mistake I made, but hey!) from an independent garage and last weekend it died on me! I got it recovered to my local Merc garage who told me that it needed a new engine and turbo!! - total cost £4000! I only paid £3500 for the car so it is basically written off. I did take out a private warranty with the vehicle (Warranty Direct) but they have refused to pay out because they say that the fault was with the car before the policy was taken out! How did I guess they would say that!! Now, I could persue Warranty Direct at this stage to get them to prove that the fault was already there but this could prove costly for me due to all the "small print" in their policy terms that they could get me on so it seems (in my case anyway) that the SOGA is the way to go.

 

So, over the last week or so I've been swatting up on the Sale of Goods Act and it seems that I am entitled to ask the garage to repair the vehicle or to refund me. It's a bit mind boggling but I think I do know my rights now. Turns out that up until 6 months after the sale of the vehicle, it's up to the dealer to prove that the fault wasn't there when he sold it to me. Can't really see how he would do that so that must be a good thing. It's called the "Reversed Burden of Proof".

 

Now, if you've had the car for more than 6 months then it can be a little more difficult as it is then up to the purchaser to prove that the fault was there when it was bought - but don't be put off by this if you are convinced that you were sold a dudd - it just means that you might have to find an independent mechanic to do a report on the vehicle - the cost of this could then be reclaimed by you from the garage if it turns out that (in the opinion of the independent mechanic) the fault was already there.

 

Anyway, back to my story! The engine is still in my car at the moment so the dealer would have to have it stripped down (at his own expense) if he doesn't agree with me that the car had an inherent problem. If it does go to court (small claims court in my case) and he still can't prove it, I am entitled to ask for a full refund, interest, costs & compensation. So, from his point of view, he's got a difficult decision to make - either pay me back now or risk having to shell a lot more money - especially if he has to have the engine stripped down too.

 

I am also entitled to ask for a replacement car or hire car whilst we are in dispute. If the dealer declines to do this then I can recover any costs incurred for hiring a vehicle and add it to my claim.

 

Now, the main reason for my post is this:

 

I'v got a letter that was put together by myself and a firm of solicitors that outlines my rights and the dealers responsibilities under the Sale of Goods Act. It's basically the first letter you need to send out to the garage - and gives them a defined timeline to which they should respond before further action is taken.

 

If anyone is in the same situation as I am and you would like a copy of the letter PM me with your email address and I can send you the Word file.

 

I'll be sure to keep you updated as to how I get on with my case! and will have available any other letters that I have sent in due course.

 

Simon

 

??

Hi, my boyfriend has recently had a similar problem with a car and i was wondering if you would be able to send me a copy of your letter as it will be much appreciated and will be a great help. Thanks.

my e-mail is groovychick_895@hotmail.com

[2008]

Hi, i was just wondering if you received a copy of the letter from simon, if so would it be possible for you to e-mail me it please as it would be much appreciated.

Thanks, my e-mail is groovychick_895@hotmail.com

[JonCris]

I thought that if you bought goods on a credit card then you have some sort of cover for this. If you are rejecting the car under the SoGA 1974 then I dont see the difference in a second hand car.

 

Maybe you should read carefully through your T&C's and see if "buying second hand goods" is excluded from their protection policy!

 

If it isnt then I would ask AA to confirm exactly within the T&C that it states you are not covered because you bought second hand!!

 

It doesn't matter if THEIR agent, the dealer, has failed to fulfil his obligations to the consumer under the SoGA then the card company (even Amex) are liable under sec 75 of the CCA 1974.

 

They can, like most card compamies, under their dealer trading terms, recall any payment they have made to a dealer

 

Word of warning AMEX, allegedly, have a habit of trying to avoid their obligations under sec 75 of the CCA

[webbscatering]

Hi People, I am at a loose end yet again, in amongst all this what duties do the finance company have with regard to helping get the work done.

On September 28th 2007 I brought a car through Netcar.co.uk. they vetted, HPI checked and arranged the finance with Private and Commercial.

 

Ten weeks later the power steering pump blew, were not talking a seal here but a split in the housing, now the cars mileage when I brought it was 86475 as of 28/9/2007 the current mileage is now 87896 when it broke down on 17th November. Which is 1421 miles in 50 days = 28.4 miles a day only 180 of which were motorway miles.

 

The car has been taken to a mechanic who was said that there is no fair wear and tear as no seals or bearings have been broken but the outer housing is splits which indicates an internal malfunction.

 

Needless to say Jeff Whites have said we only give 28 days standard warranty on their cars which was strange on a £15,000 car. I spoke to Netcars.co.uk and they were going to sort it out the nice way or the nasty way. Two months later nothing done!, the guy dealing with it at netcars has moved on and surprise surprise there are no notes left to back up my claim.

Meanwhile Private and Commercial are not happy because i am refusing to pay the loan as I made a formal complaint in writing stating the car supplied was not fit for the purpose it was intended for. Now they have issued a default notice and a repossession order on the car. Surely its their car they should have more of a clout then what I got with regards to kicking the dealer up the backside.

[webbscatering]

I sent my SOGA letter off and the seven day deadline is up, do I go to a solicitor or what is my next move, thanks kev

[dandandan]

If anyone is in the same situation as I am and you would like a copy of the letter PM me with your email address and I can send you the Word file.

Hi simonmanns

I was trying to contact you by private message, but apparently you have exceeded your private message inbox!

 

Hi Simon,

Came across the post about your smart car when searching for sample letters for my own car complaint. I have a fairly similar problem to you, except my cars 7 months since bought and not quite as broken as yours..yet.

I was wandering if you could send me a a copy of the letter you sent. I have contacted consumer direct and they told me pretty much what you have said in your post, but I am having trouble putting it into a scary letter!

 

Well done on your win and i look forward to hearing from you.

 

 

Dan

[Bookworm]

Erm, guys, this chap hasn't been here since October 2006 and I have no reason to believe he still visits here.

 

There is no reason why anyone can't write their own letter, outlining the trader's legal obligations and responsabilities. In fact, I suspect that people like Gyzmo probably have probably written the same type of letter on the forum.

[webbscatering]

Need urgent advice, Private & Commercials have sent a debt collector to take the car, the thing when I took the finance out Netcars messed it up and I ended up with two loans for the same car. Now one loan the higher of the two has missed payments but the lower one has not missed a payment can the car still be repossed even though they are still accepting payments. They have still refused to respond to my fax and 4 letters of complaint regards the SOGA on this machine

[JonCris]

You need to start your own thread & explain what you mean by 2 loans on the same car.................. 2 loans to who, you

[webbscatering]

You need to start your own thread & explain what you mean by 2 loans on the same car.................. 2 loans to who, you

 

There is a thread started, when I went to Netcars they arranged everything from viewing to finance, the first loan set up was for some reason short of the asking price of 15k so another loan was set up for the remainder, Both loans are for the same car. Now a guy phones me tells me he is a debt collector and has come for the car, I told him no way will i voluntarily surrender the car to them, they will have to go to court and get a warrant to retrieve it. Then I will go to the courts and explain why I will not pay the loan, but in amongst all this it dawned on me about the second loan and checked with the bank to see if it was still set up on Direct debit and it was and no payments have been missed. So they have clearly accepted the payments on the car and therefore a regular payment has been made to clear the debt. But this company will not comply to my fax or my letters regarding the repairs on this vehicle as it was off the road from november to end of march holed up in a garage awaiting instructions on who was liable for payment. I have contacted a solicitor who instructed to get the car repaired get the bill and chase in the small claims, which is where I am at this moment in time. So far I have not issued any claims at the moment as the garage Nationwide Auto Centres has bodged the repair work up and now i have to chase them with a SOGA as the workmanship has not met the required standards.

 

My thread just explains the problems I am having under the SOGA to see who will pay for the repairs on the car.

 

http://www.consumeractiongroup.co.uk/forum/vehicle-retailers-manufacturers/130168-jeff-whites-netcar-private.html

[JonCris]

I still don't understand. You can't have 2 loans on the same car even if they are from the same company. When the original loan application was found to be to low it should have been cancelled & a replacement application made for more money.

 

I suspect that is where the problem might lay. P&C would not be expecting to collect twice from the same account for the same car. They will have lodged only 1 DD on the account & have collected against that alone which is probably why the arrears on the other loan occurred.

 

Have you tried phoning them to explain & even if you get through they are going to want to sort it by I suspect, at the very least increasing your monthly payments quite significantly.

 

Also I'm surprised you didn't get a default notice long before it got this far because as expensive as their finance is they are usually very good at sending them out the moment you default

[webbscatering]

Hi Joncris, I must admit you do burn the midnight oil a bit but thanks for your reply, either way there is two loans on the car, The advice I require is to do with my complaint with this heap of crap BMW that has caused me a headache since I had it also P & C and these bottom feeding debt collectors. The car according to the Trading Standards will owe me around 2k which includes compensation and cost of repairs so I am not going to give it back that easily because a bottom feeder collector says so, Unless he is a bailiff with a proper warrant. I am completely covered by the SOGA and I basically want the car to go back with no financial penalties to me. They must know there is two loans on the car because they set it up I find it hard to believe they are overlooking it, and yes there is a default notice, but I will soon issue a SAR and persue a route to get it removed along with my charges,

 

Cheers Webbscatering

[hello5555]

Hi Simon

 

Could you please email me a copy of that letter, I am having an engine oil leak issue on my Nissan Primera that I bought in Sep, 07.

 

Thanks....

[webbscatering]

Hi Simon

 

Could you please email me a copy of that letter, I am having an engine oil leak issue on my Nissan Primera that I bought in Sep, 07.

 

Thanks....

 

Hi There, the letter is in this thread I think on page two Simon no longer uses this thread

[dcdkpug]

hi if youu or anybody reading this please forward a template lettter id love to use one nd wouls save my chap some time than typing one out many thanks

[Bookworm]

To avoid more people posting one message asking for a template which is unlikely to materialise, I am going to close this thread.

 

Folks, there is no magic letter, but there is plenty of help available all over the forum. If you start your own thread explaining your circumstances in the relevant forum, we will assist where and when we can.

[Conniff]

Have reopened this thread at the request of the OP Simon.

[simon2101]

Sorry everyone for the BIG! delay in getting back! Here are templates of the letters I sent: There are three initial letters you need to send before you can start legal proceedings. I'll paste them in order below. I don't have a legal background and haven't kept up with the SOGA since my claim so please do your own research before proceeding with anything. These letters were sucessful for me but may not be relevent to all.

[simon2101]

{YOUR NAME}

{YOUR ADDRESS}

 

{GARAGE NAME}

{GARAGE ADDRESS}

 

 

{DATE}

 

Dear Sir/Madam

 

WITHOUT PREJUDICE

 

Sale of Goods Act 1979 (as amended)

 

Re: VEHICLE TYPE (REG NO:)

PURCHASE DATE: { }.

 

The above mentioned vehicle (VEHICLE TYPE, registration number XXX XXX) is, as of the date of this letter, the subject of a claim against GARAGE NAME of GARAGE ADDRESS under the Sale of Goods Act 1979 (as amended).

 

It is claimed that the vehicle, when purchased from GARAGE NAME, had a

(OUTLINE THE PROBLEM WITH THE VEHICLE HERE)- I completed this bit as follows: cracked turbo manifold and inherent engine problems that have since caused catastrophic failure to the engine.

 

Your responsibilities

I would draw your attention to the Office of Fair Trading guidance for car dealers and to the Sale of Goods Act 1979 (as amended).

 

Under the terms of this act, the claimant may request a repair or replacement of any vehicle that is considered defective at the time of purchase. If, for any reason, a repair is not possible, then the law states that the claimant is entitled to a full refund, less any part exchange allowance (if applicable). If a part exchanged vehicle has been sold on or disposed of, then the claimant is also entitled to claim the full value of this vehicle.

 

If a claim is made during the first six (6) months after purchase, and a resolution cannot be sought out of court, then it is the responsibility of the seller to prove that the vehicle was in no way defective at the point that it was sold to the claimant (Reversed Burden of Proof). (YOU MAY NEED TO AMEND/DELETE THIS PARAGRAPH IF YOU HAVE HAD YOUR VEHICLE FOR OVER SIX MONTHS).

 

What I require

I require you to respond within 7 days of the date of this letter (as postmark). You must provide a clear indication of how you would like to proceed with this claim.

 

The vehicle is currently located at ADDRESS AT WHICH THE VEHICLE IS LOCATED. Under the terms of the Act, you are fully entitled to view the vehicle (at your own expense), but you must inform me in writing beforehand so that arrangements can be made.

 

THE FOLLOWING PARAGRAPH PROBABLY WONT BE RELEVANT TO YOU BUT IT CAN BE AMENDED/DELETED ACCORDINGLY: At present, the engine remains within the car and any additional diagnostic work or repair would fall within your responsibility under the Sale of Goods Act 1979 (as amended).

 

Once an agreement has been reached to the points contained within this letter, you are entitled to the return of the vehicle to your business premises (at your own expense).

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue about this matter and I am writing this letter to you on the assumption that you will prefer to do this rather than the need for further action to be taken.

 

I am claiming either a repair to this vehicle (to the manufacturers’ standards) or a full refund.

 

I will give you seven (7) days to reply to me accepting, unconditionally, my request in principle and advising me of a date by which I will receive payment or a schedule for the repair.

 

If you do not respond, or you do not respond positively within this time period, I shall send you a Letter Before Action that will outline my intention to recover the full amount plus interest, costs and compensation through the Courts.

 

Yours faithfully,

 

 

YOUR NAME

Edited November 25, 2011 by simon2101

[simon2101]

{YOUR NAME}

{YOUR ADDRESS}

 

 

 

 

{GARAGE NAME}

{GARAGE ADDRESS}

 

{DATE}

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

WITHOUT PREJUDICE

 

Re: VEHICLE TYPE (REG NO:)

PURCHASE DATE: { }

 

I am disappointed that you have not responded to my letter of (DATE).

 

I now require repayment in full of the sum owed under the Sale of Goods Act 1979 (as amended). If you do not comply fully within seven (7) days of this letter (as postmark) then a claim will be filed against you in Court for the full amount plus interest, costs and compensation. This will be done without further notice.

 

The total amount currently owed is (£X).If you do not respond to this letter, or you do not respond positively within the stated time period, I, as the claimant, am entitled to (and will be claiming) the following:

 

Initial outlay (£X), plus interest at 8% from the date of purchase until date of judgement (currently £X), plus any costs, plus Court fees, plus compensation at (£X) per week for car hire up until date of judgement. (You can also add storage costs here too if you are incurring any)

 

Should you not respond to this letter accepting, unconditionally, my request in principle and advising me of a date by which I will receive resolution, I will be commencing legal proceedings under the Sale of Goods Act 1979 (as amended).

 

Furthermore, as you hold a consumer credit licence, I will be submitting a Consumer Credit Act 1974 complaint to the OFT on the basis that you have failed to comply with the OFT's direction and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. (Delete paragraph if not applicable but any garage that offers consumer credit (i.e finance) must hold a CCL)

 

Yours faithfully,

 

 

 

(YOUR NAME)

Edited November 25, 2011 by simon2101

[simon2101]

{YOUR NAME}

 

 

{YOUR ADDRESS}

 

 

{GARAGE NAME}

{GARAGE ADDRESS}

 

{DATE}

 

Dear Sir/Madam,

 

WITHOUT PREJUDICE

 

Re: VEHICLE TYPE (REG NO:)

PURCHASE DATE: { }.

 

I have not received any response to my initial letter of (Date) or to the Letter Before Action that was sent to you on (Date).

 

I will now be instigating formal proceedings at 4pm on (Date) unless a proposal for resolution is received by return.

 

 

Yours faithfully,

 

 

 

(YOUR NAME)

Edited November 25, 2011 by simon2101

[TWMCADY]

Simon,

 

Could you please send me a copy of your letter, I am in the same mess, bought a car from a dealer, faults showed up straight away. The clown has said he has repaired it. no chance, last fix was tie wraps around the air box. Any help would be appreciated.

[richteddy]

Hi, I have had an ongoing fault with a Leon I purchased from a dealer. The airbag light was on before I collected the car and has been back on and repaired 9 times since. The dealer has offered to buy the car back from me when I threatened them with court action. But they are only offering me the trade in price. does any one know if I am entitled to the resales value of the car or just the trade in price of the car.

[Conniff]

Hello Rich

 

How long have you had the car ?

[richteddy]

Hello Rich

 

How long have you had the car ?

 

I have had the car 3 years now. The air bag was on the pre inspection sheet to mend before I collected the car. The dealer ship have had the car back every 3 to 6 months and never been able to solve the problem. I found 3 examples of the same make model age and mileage and sent this to them asking for 9.5k they replayed saying there book resales price was 9k but trade in was only 6.5k so this is all they can offer me.