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

[sailor sam]

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.

 

This is a very old thread. You need to start your own. you will get better advice that way.

 

My view is that after 3 years you will of deemed to have accepted the car.

[Monkichelle]

~Hello, in same situation, any chance of a copy of the letter please?

 

#Thank you

[niki_nak]

Simon, do you have any info on the court fees as myself and my partner may be in a similar situation shortly and we'd like to know what the fees would be ahead of taking action.

 

Thanking you in advance,

 

Niki

[citizenB]

Simon, do you have any info on the court fees as myself and my partner may be in a similar situation shortly and we'd like to know what the fees would be ahead of taking action.

 

Thanking you in advance,

 

Niki

 

 

 

http://www.justice.gov.uk/courts/northampton-bulk-centre/money-claim-online/frequently-asked-questions

 

http://www.justice.gov.uk/courts/fees

 

Some information above regarding court fees. Also, there have been some changes to the way in which moneyclaims are issued.. so have a read of the following as well.

 

http://www.consumeractiongroup.co.uk/forum/content.php?863-New-system-for-issuing-money-claims-in-the-County-Court

 

HTH

[rob emeny]

Sale of Goods Act

 

Post #1 14th August 2006 11:28

 

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

 

 

Simon, I am in a very similar situation having bought a car just under 3 months ago that has spent more time being repaired than on the road. The car has a warranty which is due to run out shortly but now the brakes have failed and its off the road again. The warranty company does want to play ball any more so I have decided to reject the car. The dealer says I cant but I am pretty sure I can. I would appreciate copies of any letters that you have for the legal terms and to make sure I dont say anything I shouldnt.

 

Best regards Rob

Edited July 26, 2012 by Conniff
Adding date and post number to quoted post.

[Conniff]

The quoted post is 6 years old.

 

All situations are different so don't rely on any templates to get you the same result as Simon claims to have had.

Edited July 26, 2012 by Conniff

[sailor sam]

Yes this thread is getting a tad complicated. I will be happy to give my opinions to individual cases so please start your own respective threads.

[rachelsmith9483]

Hi salilor sam....

Ive started a new thread in the 'consumer action group welcome page' entitled

""Hi... SOGA advice re used car pleeease!! ""

Please please help! Rach xx

 

link to thread:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?367234-Hi...-SOGA-advice-re-used-car-pleeease!!&highlight=

 

dx

[Watt1]

Hi Simon,

 

I know it's years later but I would really appreciate a copy of that letter you were talking about as I'm in a bit of a sticky situation at the mo.

 

Kind regards

 

Jen

[Conniff]

Welcome Watt1, what is your problem ?

[Conniff]

This thread is over 6 years old and really has served it's purpose.

 

Templates of the letters refered to are displayed at posts #69. #70, #71.

 

This thread is now closed. Any similar problems should be aired in a new thread.