Sale of goods act - second hand car

[incognitoo]

It was an email from their sales manager (the one Jo sold me the car)

From their business email address

 

His director now says he didn't have the authority to make the authority to make the offer without seeing the wheel

 

Now they say I caused the damage (I didn't)

 

I've threatened court

And sent LBA

 

Just wondering what next

What can / should I put on the claim with SMall claim court?

[sailor sam]

Clearly the car was supplied to you with a defective wheel. I'm not sure that these wheels are in fact repairable, I think you would have to pose that question to VOSA and get their opinion (pref in writing). The fact that the salesman didn't have the authority is not relevant to you because collectively the garage has made the offer to replace so by default they acknowledge that the wheel was defective. Basically as I see it, they (or the salesman at least) have done half the work for you in providing you with a case.

 

As for your POC's they should be simply on the lines of:

'Car purchased on (DATE) from the respondent and on (DATE) you experienced a puncture. Upon seeking a repair from an tyre specialist repair centre, it was discovered that the wheel itself had previously sustained structural damage to which an attempt to repair had been made by welding. The wheel/tyre is of a 'run flat' type so such a repair is totally inappropriate and potentially dangerous (HOPEFULLY ACCORDING TO VOSA) so therefore the only satisfactory outcome is to replace both wheel and tyre. This information was reported to the seller of the car who indicated, by email, that they would replace the wheel (PAPER COPY AVAILABLE). However, this offer has now been withdrawn for the reason given by a director of the selling dealer that the offer was made by an employee who did not have the authority to do so. Despite written correspondence (COPIES AVAILABLE) to the respondent requesting him to rectify the situation under the sales of goods act 1979, and despite the seller confirming that he will replace the faulty wheel by email, he is now refusing to do so. I therefore claim the cost of a replacement wheel of £535 plus a replacement tyre (IF REQUIRED) at £300. The claimant claims interest under section 69 of the County Courts Act 1 984 at the rate of 8% a year, from [date when the money became owed to you] to [the date you are issuing the claim] of £ [put in the amount] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest]'.

 

Further help here: http://smallclaims.me.uk/index.html

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

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[dx100uk]

5 threads merged on same issue

 

dx