Consumer rights after buying a faulty used car from a dealer- small claims court now!

vaio

the card won't pay, they will just reclaim it from the garage

minibbb

vaio wrote: »

the card won't pay, they will just reclaim it from the garage

Ah I see, thats ok then! Look at me not wanting Natwest to be out of pocket :rotfl:

vaio

yeah, they are a bit short of money at the moment

Tilt

minibbb wrote: »

If it does go to small claims what costs can I expect to recover? Im hoping the full purchase price of the car plus the cost paid for the battery ive had to replace and the warranty I purchased. Also, will the case be heard in my home town or the town where the dealer is located? (60 miles away sadly)

If you end up making a claim, first off you go here; https://www.moneyclaim.gov.uk/web/mcol/welcome

Where you will have to pay a £30 fee (at least that is what it used to be). You fill in the on line form (it tells you what to do). If the case has to progress to a hearing the nearest court to you will be allocated and this is where you submit any papers to. Time is on your side here ATM so I would suggest that you would be able to persue a full refund plus the battery (providing you have the reciept) and perhaps the warranty. But at the end of the day, it will be down to the judge to decide.

As previously advised, you have to show that you have given the seller the opportunity to rectify first. Please keep us posted.

minibbb

Right....an update!!

I sent the seller's legal team a final letter two weeks ago stating that unless the matter was fully resolved then I would be starting court proceedings.

I recieved a reply today, two weeks to the day stating that apparently they hadnt refused to repair the car and would be happy to inspect it at their premises in Godalming (60 miles from home)

This is by no means a satisfactory offer, they've taken over six weeks to come up with this!! Im guessing this is their attempt at covering themselves for when it goes to court i.e by offering to do something now.

The point of repairing the car is long gone for me so I shall be issuing proceedings this week. Still reckon I have a good chance of success here?

Tilt

minibbb wrote: »

Right....an update!!

I sent the seller's legal team a final letter two weeks ago stating that unless the matter was fully resolved then I would be starting court proceedings.

I recieved a reply today, two weeks to the day stating that apparently they hadnt refused to repair the car and would be happy to inspect it at their premises in Godalming (60 miles from home)

This is by no means a satisfactory offer, they've taken over six weeks to come up with this!! Im guessing this is their attempt at covering themselves for when it goes to court i.e by offering to do something now.

The point of repairing the car is long gone for me so I shall be issuing proceedings this week. Still reckon I have a good chance of success here?

As previously mentioned (more than once), as long as you can show the court that they have had the opportunity to rectify and that they have either refused or failed to do so within a reasonable time, then yes, would say you have a good case. I would write back saying that the offer is now unacceptable as they initially indicated their unwillingness to do anything so you have decided to reject that car and therefore you will commence legal proceedings without further notice unless a full refund is made within the next 7 days. You must not use the car following posting the letter (even if you can).

Hammyman

minibbb wrote: »

I recieved a reply today, two weeks to the day stating that apparently they hadnt refused to repair the car and would be happy to inspect it at their premises in Godalming (60 miles from home)

This is by no means a satisfactory offer, t

As much as it may not be satisfactory to you, by not taking it there and giving them the opportunity to fix it, you're not honouring YOUR side of SOGA and you would lose in court.

Hintza

minibbb wrote: »

Still reckon I have a good chance of success here?

I don't .

You have made no effort to return to the garage and most of the faults will be deemed reasonable wear and tear on a 17 year old car.

Flyboy152

Hintza wrote: »

I don't .

You have made no effort to return to the garage and most of the faults will be deemed reasonable wear and tear on a 17 year old car.

The OP has given the seller reasonable opportunity to repair, but they have declined.

Basically the garage point blank refused to offer any solution whatsoever, ignoring my two emails to them and then in the following couple of phone conversations they fobbed me off

It doesn't matter whether the car is fifty year sold, the faults were present at the point of sale (the seller would have to prove they were not). These faults were not indicated to the buyer at the time.

motorguy

Flyboy152 wrote: »

It doesn't matter whether the car is fifty year sold, the faults were present at the point of sale (the seller would have to prove they were not). These faults were not indicated to the buyer at the time.

The age and price of the car DOES come in to play. This car is 17 years old. It is unreasonable to expect it to be defect free.

Things that will also be taken into account are advertised price, compared to sale price and the wording on the invoice.

It is by no means a cut and dried case if it goes to court.