Faulty Car on day of purchase!

BlueFox

A friend of mine bought a car yesterday for £2400 from a small car dealer. After 17 miles he noticed a loud knocking noise from the engine & the oil light was flashing like a christmas tree!

When he test drove it the dealer said he "couldn't find" his trade plates so would he mind just taking it for a short test-drive. It now seems he knew there was a problem & didn't want my friend to warm the car up.

Had I known he had done this I would have told him to have avoided this dealer like the plague - when I bought my last car I took it for a 30 minute test drive & it was running on fumes when we got back to the dealership!

Anyway the car is an 07 & he didn't take an additional warranty but the small print on the sales invoice states they will not be responsible for any defects or major mechanical problems "after the end of the day of purchase". My friend told me he emailed them yesterday evening & posted a copy of the email through their door explaining the problem & asking for a full refund. As he contacted them the same day he bought the car he is hoping they will refund him.

Does he stand any chance of getting his money back?

Hammyman

Yes he does. SOGA applies and in particular that it must be fit for purpose and last for a reasonable length of time based on the age and condition at time of purchase. SOGA applies to second hand goods as much as new.

I suspect this may end up in county court as it did with my friends son when a cambelt on a car he bought let go on the way home.

s_b

why email?
never understand this
get the car on a recovery wagon get in the passenger seat with driver and go back to the dealer now


tell him

Tilt

SOGA say that any defect occuring within the first 6 months of purchase will be assumed to be present at the point of sale. It would be for the seller to prove otherwise. Their terms; they will not be responsible for any defects or major mechanical problems "after the end of the day of purchase" would not have any legal standing under the SOGA as they do not coincide with the act. Further more it can be illegal to attempt to reduce a consumers statutory rights and I believe this 'clause' attempts to do just that. The OP has so far done the right thing by indicating he wants a full refund which suggests that he is formally rejecting the car under the SOGA. However, the car should not be driven again (assuming it can be driven) once such a letter has been sent. My advice is that you give the seller 5 days to respond (as you hand delivered the letter) before sending him a LBA (letter before action). I would also advise not to enter into any verbal discussions apart from how you want the refund made. Outside of that, keep everything in writing.

Please keep us posted.

Tilt

s_b wrote: »

why email?
never understand this
get the car on a recovery wagon get in the passenger seat with driver and go back to the dealer now


tell him

Not without the seller agreeing to pay for the charges I wouldn't. Under these circumstances I believe that the seller has the responsibility to collect the vehicle.

albionrovers

I take it the seller can fold his company and start again if he wishes with no recourse?

BlueFox

I've just heard from my mate - they have given him a full refund. They offered him a cheque but he politely declined this offer so they have done a bank transfer & he now has the money in his account. He is a little relieved!

Thanks for all your advice & comments.

Flyboy152

Well, even thought the seller had some dodgy terms in their sales contracts, they seem to have done what is right in the end. So a small bit of "well done" to them, but a I think they need to review their terms and conditions.

Tilt

Flyboy152 wrote: »

Well, even thought the seller had some dodgy terms in their sales contracts, they seem to have done what is right in the end. So a small bit of "well done" to them, but a I think they need to review their terms and conditions.

Spot on Flyboy. But there will always be 'dodgy' dealers out there praying on consumers who arn't aware of their rights under the SOGA!

s_b

when push comes to shove if i owned that car i wouldnt care it cost £75 recovery to stick it back on the sales pitch seeing as it was only just purchased
too many of you people on here dont live in the real world and think bits of paper thrust at sellers who have your cash are going to care,i dont care if its a car or a washing machine you take it back pronto and demand your money back before your cash is renivested in another car or more washing machines

OP was lucky his friend bought from a reputable seller
lest any of you barrow boy lawyers get ideas above your station
theres a war on the streets out their and our cumbersome soga rights are just a joke if seller doesnt play ball

Flyboy152

s_b wrote: »

when push comes to shove if i owned that car i wouldnt care it cost £75 recovery to stick it back on the sales pitch seeing as it was only just purchased
too many of you people on here dont live in the real world and think bits of paper thrust at sellers who have your cash are going to care,i dont care if its a car or a washing machine you take it back pronto and demand your money back before your cash is renivested in another car or more washing machines

OP was lucky his friend bought from a reputable seller
lest any of you barrow boy lawyers get ideas above your station
theres a war on the streets out their and our cumbersome soga rights are just a joke if seller doesnt play ball

I don't know what your definition of "reputable" is, but including will not be responsible for any defects or major mechanical problems "after the end of the day of purchase," is not it.