Used car broken down after 1 month

motorguy

mikey72 wrote: »

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?

The 1-2 weeks (maybe even 3) is whats deemed to be a reasonable time - much past that and you are automatically deemed to have accepted the car.

Your original point was that it could be down to how much you've driven the car - its clearly not - it only every mentioned TIME.

mikey72 wrote: »

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"

Ah, and here we go again, Mikey reading something thats not there - replacement does NOT mean refund - it means the dealer has the option of replacing the car with a similar one. The seller may offer a refund, if its in his interested to do so, but its not up to the customer to demand a refund.

mikey72 wrote: »

So I think your links indeed do prove the atrixblue was correct initially, and the SOGA backs him up.

What i was correcting was this statement - "weve been here before about this issue of MUST give them the chance to repair it - no you dont." - as the buyer has accepted the car (by virtue of the fact they've had it a month) THEREFORE they HAVE to give the dealer the opportunity to examine the car and repair OR if its more cost effective for the DEALER, to REPLACE or REFUND. Its not up to the customer to demand this at this stage.

mikey72 wrote: »

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,

The key word there is ACCEPTED. This relates to for example, if after a day the gearbox blew up, by letting the dealer fix it, it doesnt mean you have ACCEPTED the car.

We are past that, the customer has ACCEPTED the car, by virtue of the fact they've been driving about in it for a month now.

Mikey - you really need to read up on what ACCEPTANCE means when buying a car. This is clearly where you're getting confused.

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.

Mikey the more i read this, the stranger it gets - the SOGA clearly refers to TIME, but you seem to clearly interpret that to DISTANCE you've done in the car?

How so?

mikey72

You can stick you fingers is your ears, you can once again try to misdirect by focusing on one particular phrase, you can deliberately quote the incorrect section of the SOGA. We've given the op the information they need, even down to the correct section of the SOGA's act that gives them the right to reject, and the oft guide to traders telling them to honour their customers rights, so it's doubtful they'll believe you when you tell them they have no rights as you usually do. If you give a car a one week warranty for a refund, that's up to you, and any customer of yours that gets stung. Unless they post on here, and we'll give them the truth.

motorguy

mikey72 wrote: »

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

And again, i've not denied this - the customer can REQUEST a full refund after several months, but they are only ENTITLED to a refund if they have NOT YET ACCEPTED the car.

As per your link, it will depend on the facts of each case.

motorguy

mikey72 wrote: »

You can stick you fingers is your ears, you can once again try to misdirect by focusing on one particular phrase, you can deliberately quote the incorrect section of the SOGA. We've given the op the information they need, even down to the correct section of the SOGA's act that gives them the right to reject, and the oft guide to traders telling them to honour their customers rights, so it's doubtful they'll believe you when you tell them they have no rights as you usually do. If you give a car a one week warranty for a refund, that's up to you, and any customer of yours that gets stung. Unless they post on here, and we'll give them the truth.

i'm the only one whos quoted DIRECTLY from the Sale of Good Act.

motorguy

mikey72 wrote: »

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.

Mikey your problem is - you spend that much time trying to !!!! off car dealers who are on here, you simply miss the point.

What you have put above is entirely what i would do, and what the customer is entitled to do. You seem to be otherwise arguing with me that the customer can DEMAND a refund, yet, you've actually advised the O/P of exactly what i've been saying.

Personally, i'd be surprised if a clutch just failed - more likely to be some linkage issue.

I'd have thought any decent trader will cover all of what is wrong - i know i wouldnt be arguing over a clutch in such a short timeframe.

motorguy

RonaldWilliams wrote: »

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

Correct - well, refining it further - they can ASK for a refund, but they are not ENTITLED to one at this stage.

mikey72

mikey72 wrote: »

.............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,

Go figure who's doing the smoke and mirrors.

funkycoldribena

You 2 can argue till the cows come home,but theres no definative answer,its all down to the court.It all comes down to individual circumstance and common sense.If I bought a 40k car and had non stop problems I'd pretty much expect to be able to reject it a month later,2 months-probably not.
If I bought a car for 200 quid and the dash packed up 2 weeks later would I be able to reject it? I doubt it.2 days later?Probably.

motorguy

Tilt wrote: »

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.

He has come to that conclusion - if he has my view on it - because the customer has accepted the car, therefore at this stage he can only ask that the dealer examine it and the dealer can make a decision to repair / replace / refund / part refund - its just not a given 'right' at this point that they can demand a refund.