Hi! Drama Llamas!!

Flyboy152

arcon5 wrote: »

Also to add...

if op was making a claim for the gear box, I don't think they would be entitled to the full cost of replacing the gear box as this would be betterment. It would be fair to calculate it by looking at the life expectancy of a gear box, looking at a fair price to do the work to workout a value of depreciation per year or per x miles. Then subtract the value for the yrs/mileage the car has done from the cost of the repair.

So op could be asked to contribute towards to cost, which I think is acceptable.

Akthough what would you expect a gear box to last on a Vauxhall Astra? Not sure it's such a straight forward answer. From what I read anywhere between 100k and 250k (so a good number of years for the average driver). So ops contribution could be anywhere from 40% down to 10%.....

I wouldn't be so sure to be honest. The OP had a working gearbox and now needs a working gearbox. If the gearbox was repaired, he then has a working gearbox. If one is replaced, he has a working gearbox. I would think that if it was considered betterment, he would have been a newer car, not just a component.

Flyboy152

Begood2me wrote: »

Hi, in total the repairs cost me £2252.94 Diagnostics showed output speed sensor circuit. Also the trackrod ends needed replacing. On a visual check they noted there was " engine noise" ( Something else to worry about! ) But for a 4 year old car with 38000 miles, i expect the gearbox to last me abit longer! The solicitors letter telling me 3-4 weeks SOGA is ridiculous. It cost me £5400 to buy. But SOGA only covers me for a month? A total of 11 weeks it lasted, so surely that makes it not fit for purpose?

In my opinion, all your assumptions are correct.

Flyboy152

arcon5 wrote: »

SoGA is continuous. It's just within the first 6 months a fault is considered inherent unless retailer can prove otherwise. After 6 months burden of prove is on the consumer.



Not fit for purpose after it was damaged and unusable, not of satisfactory quality also due to the time it laasted. It didn't last 11 weeks though did it? It last 4 years -- wear and tear is something you would need to consider.


Seems to me the retailer is saying they consider 4 years reasonable for the part to last and therefore has lasted reasonable time.
If I was you I would calculate how much wear and tear has been placed on the item 38k miles and use that to calculate what you think they should pay. After that you have a basis to sue.

But, from the point of view of the first six months, from what I understand, the SOGA doesn't necessarily take into account previous use. The six months starts at the point of sale, regardless of whether the item is new or second-hand. The onus is on the seller to ensure that the goods are of satisfactory and of merchantable quality, as well as being fit for purpose.

Optimist

Flyboy152 wrote: »

A common misconception. If both parties agree and the court allows it, then a higher amount can be dealt with by the small claims court.

Good grief...Where did the OP state they had such a mutual agreement ? Or was that just a pedantic point ?

However for your benefit let me rephrase, generally claims of over £5k would go to proper court. Either fast track or multi track with associated costs.

Begood2me

I am now going through the credit card company. But how does this work? Will the credit card company persue the Trader for the money?

bod1467

If the CC company uphold your claim and refund you then how THEY get the money is of no concern - it doesn't affect your refund.

Begood2me

Hi, I was just wondering if it meant that the trader has essentially got away with it?

bod1467

CC company will pursue the trader. Whether they are successful is another matter. Bottom line though is you get your refund (if approved).

Begood2me

Update... And not a good one. Credit Card refused, went to financial ombudsman, also refused. As the car was purchased on my mothers credit card, and the car is in my name. Great! Looks like a dodgy dealer got away with it. I am over £2000 and trading standards said Its now a case of betterment, as I am in a better position now with a new gearbox then I was. Even though it hasnt added £2000 on the value of the car, and I have paid £7000 for a car thats worth £5000. Makes you laugh..... Not!

mattyprice4004

Small Claims Court, definitely.