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used car ,sale of goods act

last august we bought an 05 plate scenic from a dealer for 3.5k with 51k on the clock.the it went back in two weeks ago with a gearbox problem.the outcome according to them is the synchromesh which isnt covered under the extended warranty i bought.but amazingly they offered to waive all labour costs if i paid for parts.great i thought till they hit me with a figure of £720.so i decided to look around to see if i could get the parts cheaper myself,this is when i stumbled across the sale of goods act section 14.so i called consumer direct who said it sounded like i had a case to answer.just got off the phone to the dealer and he wont accept full responsibilty because its wear and tear ????? he said he is already going to pay labour costs of £890 for 8hrs,but as i pointed out he is not paying that amount as all he is really paying is his techs wages for the 8 hrs.i have offered to pay 25% of parts cost just to get it sorted .£150.they say that the lowest they will go is £450.for one i just cant afford this and secondly i think they know they are in the wrong and are calling my bluff.but i really cant afford to get the car back ,have it repaired elsewhere(£1400)and chance my arm in a court battle.a friend has said maybe i could cough up the £450 and then take them to a small claims court to try and recoup it???????????please please someone give me your thoughts,experiences etc...
p.s i thought consumer direct was for consumers????? i say this because the dealer principal says he has also spoken to them about this and they say its highly unlikely i have a case under soga ,totally opposite to what they told me ??
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Comments

  • mikey72
    mikey72 Posts: 14,680 Forumite
    blakemere wrote: »
    last august we bought an 05 plate scenic from a dealer for 3.5k with 51k on the clock.the it went back in two weeks ago with a gearbox problem.the outcome according to them is the synchromesh which isnt covered under the extended warranty i bought.but amazingly they offered to waive all labour costs if i paid for parts.great i thought till they hit me with a figure of £720.so i decided to look around to see if i could get the parts cheaper myself,this is when i stumbled across the sale of goods act section 14.so i called consumer direct who said it sounded like i had a case to answer.just got off the phone to the dealer and he wont accept full responsibilty because its wear and tear ????? he said he is already going to pay labour costs of £890 for 8hrs,but as i pointed out he is not paying that amount as all he is really paying is his techs wages for the 8 hrs.i have offered to pay 25% of parts cost just to get it sorted .£150.they say that the lowest they will go is £450.for one i just cant afford this and secondly i think they know they are in the wrong and are calling my bluff.but i really cant afford to get the car back ,have it repaired elsewhere(£1400)and chance my arm in a court battle.a friend has said maybe i could cough up the £450 and then take them to a small claims court to try and recoup it???????????please please someone give me your thoughts,experiences etc...
    p.s i thought consumer direct was for consumers????? i say this because the dealer principal says he has also spoken to them about this and they say its highly unlikely i have a case under soga ,totally opposite to what they told me ??

    Oddly enough, some dealers on here always say exactly the same thing.

    So who do you believe, the dealer, or comsumer direct when you speak to them?

    And £890 for 8 hours labour, to a trader?
  • s_b
    s_b Posts: 4,464 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    i would love to tell you where you stand but unfortunately as a motor trader on the other side of the fence im going to be lambasted by the forum 3 that want to slag me off on everything motor related so you are best asking them im afraid
    tricky no nothing
    mickey who lives on here 72
    and the new boy on the block sgt pepper and his lonely hearts club band of fools


    sorry blakemere nothing personal

    i see one has already spoken
  • i know,i did say you havnt got to pay £89 ph,just what you pay your techs ,lets say £12ph. i so want to take a gamble and have it put back together and see them in court,but does it make financil sense ,cos i could lose:mad:
  • mikey72 wrote: »
    Oddly enough, some dealers on here always say exactly the same thing.

    So who do you believe, the dealer, or comsumer direct when you speak to them?

    And £890 for 8 hours labour, to a trader?

    You can see why they don't need the business.
  • s_b wrote: »
    i would love to tell you where you stand but unfortunately as a motor trader on the other side of the fence im going to be lambasted by the forum 3 that want to slag me off on everything motor related so you are best asking them im afraid
    tricky no nothing
    mickey who lives on here 72
    and the new boy on the block sgt pepper and his lonely hearts club band of fools


    sorry blakemere nothing personal

    i see one has already spoken
    no please tell me im a big boy now lol,i need to know whats best for me ,pm me if you like
  • blakemere wrote: »
    no please tell me im a big boy now lol,i need to know whats best for me ,pm me if you like

    He's gonna tell you it ain't the traders problem.
  • mikey72
    mikey72 Posts: 14,680 Forumite
    And consumer direct have lied to you, but not the trader who sold it you, he's telling you what they really said to him.


    have a read of

    https://forums.moneysavingexpert.com/discussion/3786289
  • mikey72 wrote: »
    And consumer direct have lied to you, but not the trader who sold it you, he's telling you what they really said to him.


    have a read of
    why the hell would they do that ?????
  • Sgt_Pepper wrote: »
    He's gonna tell you it ain't the traders problem.
    im all ears to listen to any comments,my betterhalf works p/time at a local dealership and the sales manager there has the same view as we do about it ??????so traders dont all stick together .
  • mikey72
    mikey72 Posts: 14,680 Forumite
    edited 10 February 2012 at 8:55PM
    Sgt_Pepper wrote: »
    He's gonna tell you it ain't the traders problem.
    mikey72 wrote: »
    And consumer direct have lied to you, but not the trader who sold it you, he's telling you what they really said to him.


    have a read of

    https://forums.moneysavingexpert.com/discussion/3786289

    You need the read the two posts together.

    And take advice from consumer direct, there is another good link in the thread I quoted as well.

    There's been a few arguements on here in the last few days over this sort of problem, and a lot of mis-information on why the consumer can't take any action.
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