I bought a used car with damaged disc brakes.

Lorian

No test drive before purchase?

How old is the car?

Hintza

So from what some are saying:-

If I bought a car in Plymouth to take back to Unst and I decided the brakes were not quite right then I should expect the dealer to collect?

Equaliser123

Hintza wrote: »

So from what some are saying:-

If I bought a car in Plymouth to take back to Unst and I decided the brakes were not quite right then I should expect the dealer to collect?

Nope. But equally you shouldn't be required to return it.

Therefore probably sufficient mitigation of loss to get a third party to rectify and recover the cost.

Hintza

Equaliser123 wrote: »

Nope. But equally you shouldn't be required to return it.

The accepted way of dealing with problems with used cars is that the buyer should return it to the dealer who then has the opportunity to repair it.

It was the OPs choice to drive an excessive distance.

I would suspect that if this went to court and was appealed to a higher court it could feasibly end up as setting precedent one way or another.

mattyprice4004

As per previous responses, you must give the dealer opportunity to rectify.

Also, warped brakes isn't a reason not to drive a car at all - it's just annoying with the vibration when braking

Equaliser123

Hintza wrote: »

The accepted way of dealing with problems with used cars is that the buyer should return it to the dealer who then has the opportunity to repair it.

It was the OPs choice to drive an excessive distance.

I would suspect that if this went to court and was appealed to a higher court it could feasibly end up as setting precedent one way or another.

Yes but it is only the normal way as the purchaser has a duty to mitigate losses under English common law and to return to the retailer is generally the way to do that.

Have to remember that SoGA is on top of basic contract law. Accordingly, a claim in damages could still be made and nothing in SoGA stops that.

spacey2012

SOGA is also on top of EU legislation that does offer a few hidden extras they dont want you to know about.

bod1467

Not the "secret EU law" again?

System

When will people realise that EU Directive 1999/44/EC was NOT enshrined in law in the UK because the Sale of Goods Act provides more extensive cover for the consumer.

BTW It was only a directive and not a law that can be used in court

Equaliser123

!!!!!! wrote: »

When will people realise that EU Directive 1999/44/EC was NOT enshrined in law in the UK because the Sale of Goods Act provides more extensive cover for the consumer.

BTW It was only a directive and not a law that can be used in court

Actually, techincally it was with the change from "merchantable" to "satisfactory" quality and a breakdown of what satisfactory quality actually means (freedom from minor defects, durability, etc)....

And in theory directives could be used in Court as either direct effective or in interpreting legislation.

Sorry, will go back to my ivory tower now.