Second hand car part faulty, breakers refusing a refund!

mazza1985

Hiya!

On 25/08/09 I bought an EGR vavle for my partners Skoda Fabia. The part was second hand from a breakers.

We had tha part fitted by a mechanic, and shortly after the new car part was fitted the warning light came back on again.

We have had it checked by a new garage today, and they have tested the pazrt I brought from the breakers, and they have said the part is at fault.

I rang the breakers up this afternoon, and they are refusing to give me a refund, they want me to pay for posting the part back, which will cost me £10 due to the weight of it, and then they will send me a replacement part.

The part originally cost me £35, and the original postage £15.

Am I entitled to a refund, or should I accept the exchange as offered. And if they only have to exchange it, who is responsible for he postage? If I'm entitled to a refund do I get the postage as well or not?

The garage are saying that under the sales of goods act 1979 they do not have to give me a refund as they are not mail order, but this doesnt sound right to me!

Thanks in advance

Marie

hartcjhart

Unless it states that they will give a refund then no they do not have to give one,most breakers just offer another part,
why did you bother with a secondhand one in the first place,as they are available from ebay new(patternpart) for the same price,

and yes you have to pay the postage back to them

Tozer

hartcjhart wrote: »

Unless it states that they will give a refund then no they do not have to give one,most breakers just offer another part,
why did you bother with a secondhand one in the first place,as they are available from ebay new(patternpart) for the same price,

and yes you have to pay the postage back to them

Incorrect. Your rights are the same as if it was a new part (albeit the quality requirements may be more relaxed).

mazza1985

Tozer wrote: »

Incorrect. Your rights are the same as if it was a new part (albeit the quality requirements may be more relaxed).

So what am I entitled to?

mazza1985

Tozer wrote: »

Incorrect. Your rights are the same as if it was a new part (albeit the quality requirements may be more relaxed).

The cheapest one on ebay I found at the time was £109!

Tozer

mazza1985 wrote: »

So what am I entitled to?

Refund or replacement.

mazza1985

Tozer wrote: »

Refund or replacement.

Which one am I entitled to though? Can I make them give me a refund? Which part of the law says this?

mazza1985

The reason im asking is because the breakers knows that them sending a replacement part is no good as the car cannot be used without the part in it so I've had to purchase a new part to keep the car working. I just want a refund!

Tozer

mazza1985 wrote: »

Which one am I entitled to though? Can I make them give me a refund? Which part of the law says this?

The Sale of Goods Act and general contract law.

mazza1985

But it says refund OR replacement.... so does this mean that I am entitled to whichever one I want or do they get to specify?