used car ,sale of goods act

motorguy

blakemere wrote: »

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:

For kick off, to do your work for £12 an hour, they will not be earning the garage £89 an hour doing other work, plus your car will still be using the facilities, taking up a bay in the garage, etc, so its not just as simple as charging you their basic labour cost.

Secondly, i could bring about syncromesh wear in a gearbox in about an hour if i put my mind to it, so its quite possible it is 'wear and tear'.

Thirdly, if they are willing to pull the box out, strip the box, find the fault, pay for the parts, put the gearbox back together again, refit the box and stand over the repair for £450, personally i think its not a bad deal, given you've owned the car for six months.

If you take it to court, you are into the very grey realms of having owned the car for six months and the problem being possibly caused by wear and tear. It could cost you a lot of time, effort, stress, worry, money, and the court may rule the dealer is being fair and is showing a willingness to meet you 'half way' on this one - that seems to be quite a big thing when cases like this get to court - the court like to see that the dealer is showing a compromise agreement, which they are in this case.

blakemere

cheers paul,i hear what your saying mate and appreciate your frank reply.you are on the same wavelength as my missus god help you:D:D.but im convinced the synchro was on its way out when we bought it,its her car i never drove it from new but i recall her saying the gears were clunky but she.d get used to them????and as its within six months with only 2k miles covered im sure it was.so its up to them to prove it wasnt

motorguy

mikey72 wrote: »

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.

Why are you directing the O/P to that thread - its a 'kick a motor trader' thread and those keyboard warriors there did nothing to help the O/P in that thread, and there doesnt appear to have been a positive outcome for the O/P there either?

blakemere

ok then,who thinks that coughing up the £450 ,marking the receipt as "paid under protest" then take action against them is a plan ????

motorguy

blakemere wrote: »

cheers paul,i hear what your saying mate and appreciate your frank reply.you are on the same wavelength as my missus god help you:D:D.but im convinced the synchro was on its way out when we bought it,its her car i never drove it from new but i recall her saying the gears were clunky but she.d get used to them????and as its within six months with only 2k miles covered im sure it was.so its up to them to prove it wasnt

With just 2K miles done, then as you say, there may well be a case to answer.

Put the dealers latest offer to consumer direct and see what they say - if they think you have a case, then see how they say is best to approach it.

blakemere

pgilc1 wrote: »

Why are you directing the O/P to that thread - its a 'kick a motor trader' thread and those keyboard warriors there did nothing to help the O/P in that thread, and there doesnt appear to have been a positive outcome for the O/P there either?

didnt someone once say"the pen is mightier than the sword" well im guessing a keyboard is the modern day pen

Tetley_the_Cat

I'd second that. It is being more than reasonable. Take it whilst you can as the offer is good. If you even try to go down the rejection route you will probably lose and as soon as you do reject the car has to be laid up. Going to court is time consuming and expensive with no guarantee you would win. In fact, the odds are probably stacked against you.

Very few cases succeed on rejection after use of the car over 6 weeks and if they defend then it can take two years. As pglic1 says for the dealer it is lost cost opportunity.

Tetley_the_Cat

Another point is, if your wife complained about the box to you why has it taken 6 months for the car to be taken back to the dealer.
Sorry but I think your'e out on a limb on this one.

blakemere

Tetley_the_Cat wrote: »

I'd second that. It is being more than reasonable. Take it whilst you can as the offer is good. If you even try to go down the rejection route you will probably lose and as soon as you do reject the car has to be laid up. Going to court is time consuming and expensive with no guarantee you would win. In fact, the odds are probably stacked against you.

Very few cases succeed on rejection after use of the car over 6 weeks and if they defend then it can take two years. As pglic1 says for the dealer it is lost cost opportunity.

he has already said if i dont accept his offer,they will reassemble the gearbox foc and i collect the car,so how is the car laid up ??????

blakemere

Tetley_the_Cat wrote: »

Another point is, if your wife complained about the box to you why has it taken 6 months for the car to be taken back to the dealer.
Sorry but I think your'e out on a limb on this one.

point taken,but her complaint was it clunky but she,d get used to it,i cant drive at the moment so never checked ok.in the last 4 weeks it deteriorated rapidly and first went back for inspection 3 weeks ago.we arent all mechanically minded