Used car broken down after 1 month

mikey72

pgilc1 wrote: »

Sorry, but this is wrong.

You can only reject the car within a very short period of time. Usually a week, maybe two.

After that, the dealer MUST do one of the following three things - repair the car, refund OR replace the car with an acceptable alternative.

It is down to the dealer which of these three options are the most viable for him financially NOT the customer. Usually it would be a repair, but say the car was worth £1,000 and there was a £2,000 engine failure then it would be more viable to either refund or replace.

Please read this up in the SOGA itself (not on honest john, some other website, etc, which are only summarisations)

With the latter part, yes totally agree, dont go in all guns blazing as it only entrenches the situation. Usually the dealer will sort the problem out with no fuss at all.

This is wrong. The SOGA states you can reject within a "reasonable time", so it depends on how many miles you've done, and what the fault is. The dealer doesn't have the right to decide. antrixblue has good advice.

motorguy

mikey72 wrote: »

This is wrong. The SOGA states you can reject within a "reasonable time", so it depends on how many miles you've done, and what the fault is. The dealer doesn't have the right to decide. antrixblue has good advice.

From the SOGA,

http://www.legislation.gov.uk/ukpga/1979/54

You can reject the car initially for pretty much any reason, if you are not deemed to having excepted it, which is only within a very narrow window of reasonable time. It is accepted that the 'reasonable time' is 1 to 2 weeks at best - I've already asked what reasonable time means and according to Consumer Direct, thats 1-2 weeks at best.

Rejecting the car after that is a very tricky and long winded thing whereby you have to show that you have given the seller reasonable opportunities to resolve the issue.

There is no way in the O/Ps case that they are in the position to reject the car at this stage - and there is nothing in the SOGA that would back that up.

From the SOGA,

http://www.legislation.gov.uk/ukpga/1979/54

Section 35.4

"The buyer is also deemed to have accepted the goods when after the lapse of a reasonable time he retains the goods without intimating to the seller that he has rejected them."

And again, you're wrong RE repairs / refund.

From the SOGA, link above, Section 48B

48BRepair or replacement of the goods


(3)The buyer must not require the seller to repair or, as the case may be, replace the goods if that remedy is—


(a)impossible, or


(b)disproportionate in comparison to the other of those remedies, or


(c)disproportionate in comparison to an appropriate reduction in the purchase price under paragraph (a), or rescission under paragraph (b), of section 48C(1) below.


(4)One remedy is disproportionate in comparison to the other if the one imposes costs on the seller which, in comparison to those imposed on him by the other, are unreasonable,

That is to say, you cant force the seller to spend £5,000 repairing a £1,000 car.

Also, if you read ALL of section 48 of the Sale of Goods Act, nowhere does it mention the buyer being able to demand their money back.

In fact, you should have a read through that as it does talk about the seller having reasonable time to make good the repair etc - it doesnt give a precise time, therefore its open to interpretation.

Again, backing up what i've always said about the greyness and ambiguities of the SOGA.

motorguy

mikey72 wrote: »

This is wrong. The SOGA states you can reject within a "reasonable time", so it depends on how many miles you've done, and what the fault is. The dealer doesn't have the right to decide. antrixblue has good advice.

I would be delighted if you could show me in the SOGA document that i've linked to where it mentions anything other than 'reasonable time for acceptance', ie, where it talks about miles or use you've got out of the goods in the meantime?

mikey72

So we agree then, the actual SOGA states a "reasonable time" and the "1 or 2 weeks" isn't actually in it, but it's what you would argue with as a dealer if a punter brought you a car back? And you agree you can't force a dealer to repair a car, if it's too expensive, but you can insist on a refund, as in your link to "repair or replacement" So I think your links indeed do prove the atrixblue was correct initially, and the SOGA backs him up. Maybe you should have read on from 35.4, as 35.6 coveres rejection even after allowing the dealer to take a shot at repairing, providing the customer has requested a repair, and not a refund. - (6)The buyer is not by virtue of this section deemed to have accepted the goods merely because— (a)he asks for, or agrees to, their repair by or under an arrangement with the seller,

bery_451

The problem is the clutch has gone I think cause its not allowing me to change gear. Before the breakdown happen the engine turns off straight away after starting it the 1st couple of times. Could be ignition prob. Also the air con doesn't give out cold air and the back exhaust bracket is snapped cause of the rust. I never notice this at the time of purchase.

These probs are not mentioned in the ad. The main prob is the clutch breakdown. I still got couple of months customer protect warranty remaining that pays up to £300 for a claim.

mikey72

bery_451 wrote: »

The problem is the clutch has gone I think cause its not allowing me to change gear. Before the breakdown happen the engine turns off straight away after starting it the 1st couple of times. Could be ignition prob. Also the air con doesn't give out cold air and the back exhaust bracket is snapped cause of the rust. I never notice this at the time of purchase.

These probs are not mentioned in the ad. The main prob is the clutch breakdown. I still got couple of months customer protect warranty remaining that pays up to £300 for a claim.

See what the dealer says. As to the faults, they should put the clutch right, but you could be argueing over wearand tear for the month, and may need an independent opinion. They should sort the starting problem, If it was advertised with air con, they should fix that, and if the exhaust bracket is an mot fail, they should have fixed it before they sold it.The warranty may cover some of it, but it's down to the dealer to prove the faults weren't there when it was sold, otherwise he should be liable for the rest. But you could end up fighting over the clutch.

mikey72

pgilc1 wrote: »

You can reject the car initially for pretty much any reason, if you are not deemed to having excepted it, which is only within a very narrow window of reasonable time. It is accepted that the 'reasonable time' is 1 to 2 weeks at best -....................................

You need to read up on your business. OFT guidance for second hand car dealers - Full refund8.14 The consumer can request a full refund if this is within a reasonable time of the sale. 'Reasonable time' is not defined in law and will depend on the facts of each case - it can vary from a few weeks to a number of months. The customer is not obliged to return the car to you but must make it available for collection. - http://www.oft.gov.uk/shared_oft/reports/676408/OFT1152con.pdf

colino

Sorry OP, after wading through your posts again I still don't know, other than a snapped exhaust hanger, what is wrong with your car.
How long have you had it?
How many miles have you driven it?
Describe the clutch/gear problem you have.
When/how is the engine turning off?

More importantly, have you told the trader of any of these problems and what was the response?

RonaldWilliams

bery_451 wrote: »

I bought a used peugeot 206 for £2900 from the trade using my visa card.

I got the receipt plus 3 months mechanical warranty with the car.

What are my rights as a buyer? Is the seller obliged to give me a refund if i refuse repair under warranty?

thanks,

No, you can't ask for refund. But can get it repaired from the seller.

Tilt

RonaldWilliams wrote: »

No, you can't ask for refund. But can get it repaired from the seller.

You make it sound definitive and yet I have not seen enough info from the OP to come to your conclusion.

It would all depend on how old the car is, how much it was bought for, how many miles it's doe etc.