Used car broken down after 1 month

funkycoldribena

pgilc1 wrote: »

True, therefore in this case would it not be common sense to take the car back, list the faults and see what the dealer says? There is no need - or no 'right' - at this stage to be demanding a refund.

Its a tricky one because the op hasnt supplied enough info.
From what I can gather he bought it a month ago so Id say borderline on rejection at this point but give the dealer chance to mend and if no satisfactory outcome then reject.The trouble is theres so many variables its difficult to give definative answers.

motorguy

mikey72 wrote: »

And if the dealer, such as yourself, tells them they have "accepted" it, that's another matter too. You like your two weeks, the SOGA gives a "reasonable time" Again, thankfully it's down to you to lay your opinion on them, it's down to whatever is a normal interpretation, and as everyone keeps telling you, it'll vary from car to car, price to price, and the useage it's had. But you keep ranting "two weeks, then it's yours." The op doesn't have to believe you.

From WhatCar? Factsheet

http://www.whatcar.com/images/subscription/HELP.pdf

" Under the Sale of goods Act,
‘acceptance’ is indicated by any of the following:
■ You tell the dealer you have accepted
the car
■ You have altered the car – say, by adding a
spoiler or a new stereo
■ You keep the car for longer than a
reasonable time without telling the seller that
you have rejected it. There is no set
‘reasonable time’ in the Act but, from past
cases, the limit may be as short as three
weeks after taking delivery."

If you've been driving about in the car for a month, its going to be pretty hard to say you havent accepted it. Either by anyones reasonable opinion, or by a court of law.

motorguy

funkycoldribena wrote: »

Its a tricky one because the op hasnt supplied enough info.
From what I can gather he bought it a month ago so Id say borderline on rejection at this point but give the dealer chance to mend and if no satisfactory outcome then reject.The trouble is theres so many variables its difficult to give definative answers.

Yes, thats fair comment.

motorguy

mikey72 wrote: »

And if the dealer, such as yourself, tells them they have "accepted" it, that's another matter too. You like your two weeks, the SOGA gives a "reasonable time"; Again, thankfully it's not down to you to lay your opinion on them, it's down to whatever is a normal interpretation, and as everyone keeps telling you, it'll vary from car to car, price to price, and the useage it's had. But you keep ranting "two weeks, then it's yours" The op doesn't have to believe you.

I'm not ranting anything.

I PERSONALLY wouldnt be giving a customer their money back after a month on a whim of a customer and on the basis of a minor problem. I dont think thats an unreasonable viewpoint.

I'd offer a repair - it sounds like a minor problem or two that can be easily fixed. If it is a clutch worn out, i'd probably not try to go down the wear and tear route, i'd just replace it.

So no, i'm not adverse to ensuring the customers rights are met. To give that some real life perspective though, i've got a customer at the minute who bought a 307 off me - car cost £3700. I've had it back twice now inside two weeks because of an 'air pollution fault' message. The customer lives some distance away (90 mile round trip) and on both occassions i've driven to them and left them another car to use whilst i have theirs looked at - initially by an independent specialist and now with Peugeot.

From the customer experience perspective, i think its poor that they have had the car so short a time and there has been this problem. On that basis, i've offered to revert the deal and give them a full refund. They've declined that on the basis that (a) they like the car and (b) they're very pleased that i am doing everything i can to have the car sorted as painlessly as possible for them and (c) how i've handled the problem so far.

mikey72

pgilc1 wrote: »

From WhatCar? Factsheet

http://www.whatcar.com/images/subscription/HELP.pdf

" Under the Sale of goods Act,
‘acceptance’ is indicated by any of the following:
■ You tell the dealer you have accepted
the car
■ You have altered the car – say, by adding a
spoiler or a new stereo
■ You keep the car for longer than a
reasonable time without telling the seller that
you have rejected it. There is no set
‘reasonable time’ in the Act but, from past
cases, the limit may be as short as three
weeks after taking delivery."

If you've been driving about in the car for a month, its going to be pretty hard to say you havent accepted it. Either by anyones reasonable opinion, or by a court of law.

"The limit may be as short as three weeks" So you are now accepting your 1 to 2 weeks maximum is wrong advice, and in fact there is a minimum of three weeks, or even more, as that is a minimum?

atrixblue.-MFR-.

you have to be a lawyer to interprate SOGA.

MAY define this.

define a period in month when there can be 4 weeks in a month 5 weeks in a month and even shorter period of time in a february non leap year.

your both battling against eachother because SOGA is open to interpratation to both of you to meet your satisfaction.

i said about must repair -no you dont scenario is because this is an open forum and not to conflict with different scenarious to other people who have had problems almost straight away after driving off the forecourt, and proceeded to say in this case based on MY INTERPRETATION of lengh time of having the car the OP is better off going in with a friendly stance, rather than a angry face shouting the SOGA to them.

personally i think the dealer should repair the vehicle not affecting warranty as its broken down in a short time frame or do the clutch/gearbox problem off his own back and claim the warrenty on the starting issue.

motorguy

atrixblue.-MFR-. wrote: »

you have to be a lawyer to interprate SOGA.

MAY define this.

define a period in month when there can be 4 weeks in a month 5 weeks in a month and even shorter period of time in a february non leap year.

your both battling against eachother because SOGA is open to interpratation to both of you to meet your satisfaction.

i said about must repair -no you dont scenario is because this is an open forum and not to conflict with different scenarious to other people who have had problems almost straight away after driving off the forecourt, and proceeded to say in this case based on MY INTERPRETATION of lengh time of having the car the OP is better off going in with a friendly stance, rather than a angry face shouting the SOGA to them.

personally i think the dealer should repair the vehicle not affecting warranty as its broken down in a short time frame or do the clutch/gearbox problem off his own back and claim the warrenty on the starting issue.

You're spot on with this.

SOGA IS open to interpretation. I agree the way forward here is to approach the dealer and i'd be fully expecting the dealer to resolve.

Ultimately, as you say if a customer rightly or wrongly "demands" their money back and the dealer rightly or wrongly says no, then the only way to test whos right is for the customer to take the seller to court, which is going to be long and drawn out.

Much better work together to find a solution.

bery_451

Can I dispute the transaction on my visa card if seller refuses?

colino

Not if you have been as uncommunicative with him as you have here.

williamlgrove

It's a totally dependent upon the dealer policy.