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Consumer rights after buying a faulty used car from a dealer- small claims court now!
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could be operator error
lets put it this way, if you were buying a 4x4 for its capabilities off road etc you would confirm it worked perfectly prior to purchase wouldnt you?
i know i would, just like if i bought a second hand toaster and i liked my toast well brown i would make sure it could achieve this even if it meant bringing my own bread to bread traders sales emporium
That's irrelevant, just because a purchaser does not test the item in all circumstances, does not absolve the seller of their duties to provide goods fit for their purpose, or of merchanable quality. If it did, there wouldn't be any need for much of the SOGA.The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
When I put the claim in I was directed by the court to wait until directed to obtain any expert reports. The latest letter seems to give me the go ahead to do this.
Before the letters etc started I called the dealer asking it to be repaired or replaced and was refused from the start. I then sent all my letters via recorded delivery should they be needed (which they now are!)
The leaking roof is not due to blocked downtubes or a new gasket. Btw do car roofs have either?
There was some rust above the windscreen when I bought it, it looked superficial and to be expected on an older car. The dealer said "I think thats where its had a new windscreen and the paint was nicked when they were fitting it). This was acceptable to me at the time, the fact the I subsequently found out that the roof leaked as a result is not. The dealer is trying to say that I was fully aware that the roof leaked. Like anyone in their right mind would buy a car if they knew this?!
Lastly, the 2wd/4wd selector in a jeep is a simple lever. There is no user error involved here. My parents have a newer jeep with the same mechanism which works just fine. I very much doubt ANY car dealer would allow you to drive their 4x4 off road, nor would a kitchen shop let you use a toaster to toast some bread before buying it!
Yes in hindsight I was a wally to buy an old car. Nonetheless I deserve the rights of any consumer and am annoyed that these have been completely denied to me. If you read the whole thread you'll see ive tried everything possible just to sort this out.
you should have turned up on the doorstep as i suggested (yes hindsight is a great thing i know)
it clears minds much quicker to get decisive action
im on neither side by the way its just that in my opinion something as complicated and not that good like a jeep at £1500 is just asking for trouble somewhere down the line
i am interested in the end result by the way so chin up keep going:)0 -
It doesn't matter what the OP paid for the car. There are basic things one would expect the car to have and one of those is to have roof that doesn't leak.
You've never owned a Landrover with a sunroof then have you.
C.R.A.P.R.O.L.L.Z # 40 spanner supervisor.No problem can withstand the assault of sustained thought.Only after the last tree has been cut down. Only after the last fish has been caught. Only after the last river has been poisoned. Only then will you realize that money cannot be eaten."l! ilyë yantë ranya nar vanwë"0 -
You've never owned a Landrover with a sunroof then have you.
This isn't a Landrover, it's a Jeep.
That said, it doesn't matter what the inherent history of a particular model of car is. The OP is not expected to be an expert in these things, the dealer is though.The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
Mmm, not sure that the judge has considered the transportation cost here. Also, as you have rejected the car and your claim is for a full refund, i don't see why he has diected that the car should be made available to the respondent to inspect. Usually they will ask for an independant inspection. I would write to him asking to have the inspection done locally and independantly to keep things tidy. However, the respondent could object to having it done by a garage local to you as he could argue that the garage may be known to you and as such may give a biased report. If that happens, the judge could direct that the inspection costs are shared. Obviously if you win the claim, then you ask for all you costs to be awarded to you. Did you include interest in your claim by the way?PLEASE NOTEMy advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.0
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Mmm, not sure that the judge has considered the transportation cost here. Also, as you have rejected the car and your claim is for a full refund, i don't see why he has diected that the car should be made available to the respondent to inspect. Usually they will ask for an independant inspection. I would write to him asking to have the inspection done locally and independantly to keep things tidy. However, the respondent could object to having it done by a garage local to you as he could argue that the garage may be known to you and as such may give a biased report. If that happens, the judge could direct that the inspection costs are shared. Obviously if you win the claim, then you ask for all you costs to be awarded to you. Did you include interest in your claim by the way?
A very good point, ill write to the judge confirming he will allow a local inspection to take place as it makes sense tbh. My garage quoted me about £60 for this so its not too bad and it'll be well worth having an experts point of view on the matter. Re interest im not sure to be honest, until about two weeks ago the debt was on my Natwest credit card at 15.9% so its cost me a fair bit tbh!! Is it too late to add this on to the claim? I can obviously get copies of the statements etc.
I really appreciate all of the help and advice offered in this thread. I was tempted to just crack on with things without posting further on here however there is a wealth of knowledge and advice available here and if my experience helps someone else either in the same boat as me (or to stop this from happening to someone else!!) then this thread has achieved something!!
I have a nasty feeling I might lose this, I dont really know why when I feel very much that I am the victim here. Luckily although this is costing me a fair bit I can just about cope with the financial aspect of it. If however this happened to someone else in a worse financial situation it could cause them real hardship. Fingers crossed the judge makes the right decision! Still not sure if I should get a solicitor involved or handle things on my own. More money if I do I guess!! The defendant had a solicitor who wrote to me (as they refused to) but im not sure they'd go so far as to attend court for them.0 -
Interest must be requested when you make the claim i'm afraid. I think currently it's 8% of the amount you are claiming. I don't see any harm to run it by a solicitor (most will give a free intital appointment). That way they can look at all the paperwork and advise accordingly whch we obviously can't. One of the important things you will have to show is that the seller refused the opportunity to inspect and rectify the problem. That is the only stumbling block that I can see here.PLEASE NOTEMy advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.0
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Wow, a wait until September.... thats a hell of a delay.
Good luck with it OP.A big believer in karma, you get what you give :A
If you find my posts useful, "pay it forward" and help someone else out, that's how places like MSE can be so successful.0 -
If the mediator is convinced you have a clear cut case, then the £120 would be added to the claim he will be trying to get the otherside to settle....
Premier, thankyou for your reply. I guess Ill have to give mediation a shot, shame they only suggest it now when they've already had £120 out of me!! Im loathe to accept any less than a full refund however.
If not, then the mediator will be looking for a mutually agreeable settlement ... and that will require a bit of give & take from both sides.
You were advised in post#2 that you have to give the seller the opportunity to put matters right. (Edit: see posts 18 & 19 that also suggested this)Surely the garage cant now say they'll repair it? They refused this from the start and I was under the impression that the SOA gave me the right to reject the car for a refund, something I most definately wish to do now. Ive been stuck with a lemon of a car for the last seven months and I dont want it clogging up my parking space any longer.
Yes, if putting them right now would avoid a court hearing then you should strive to have this done.
I'm no lawyer, and neither are you by the sounds of it. If you want to pursue this (reject the car outright) on a technical/legal argument I suggest get independent legal advice.
It appears your decision to have bought the car from Surrey. Or did you buy the car from your home and get it delivered by the dealer? i.e how was the dealer aware when selling that it would be his responsibility to collect the car from miles away if there was a fault?If the judge wishes for the vehicle to go to Surrey to inspected then the dealer can blooming well pay for it, theres no way im forking out £300 or so for it to be taken up there and back. The local garage I use are always excellent and I trust them implicably, so ill most probably commision them to do a report- im sure they'd attend court if needed.
The judge has made his orders on the case - ignore them at your peril.Im starting to feel a bit like the character off the underdog advert. Nothings ever easy and it seems so wrong that the consumer is allowed to be treated like this and end up out of money!
I'm getting the feeling you may have jumped into this legal action rather hastily - lets hope the judge doesn't come to see it that way.
Good luck!"Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
Hi
Back on the 8th December I bought a 1994 Jeep Grand cherokee from a dealer for £1500 and paid an extra £140 for a six month warranty with a warranty company. The jeep was sold to me in GWO.......Premier, thankyou for your reply. I guess Ill have to give mediation a shot, shame they only suggest it now when they've already had £120 out of me!! ...
Hang on, how come yyou have paid £120??? :huh: That's for claims between £3k and £5k.
Your claim should be for £1500 (and that's debatable if the cost of repairs is less than that)
A Claim for £1500 costs £70 online or £80 at the court.
(I don't think there is an allocation fee to pay, but if so that would only be £40)
As they are now asking for £165 hearing fee, it sounds like you have claimed between £1500 & £3000 :huh:"Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100
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