I think I've been sold a lemon

steve-L

Tilt wrote: »

Steve, why do you keep mentioning 'magistrate'? Magistrates DO NOT deal in civil/county court cases. It would either be heard in the county court (if the claim is over £5k) or small claims if under £5k.

Sorry.... I was misinformed! Just checked and you're correct.
Can you believe I actually went to court under the mistaken impression the old goat was a magistrate and he was actually a judge!

arcon5

REJECT = Customer has to prove fault present at time of purchase

That is not the legal definition of 'reject'.
In fact Soga covers the burden of proof separately, stating within he first 6 months its considered inherent unless the retailer can prove the contrary, after 6 months the consumer should prove the fault is inherent.

steve-L

arcon5 wrote: »

That is not the legal definition of 'reject'.
In fact Soga covers the burden of proof separately, stating within he first 6 months its considered inherent unless the retailer can prove the contrary, after 6 months the consumer should prove the fault is inherent.

Not according to OFT1241

If you REJECT the burden of proof is on the customer...
If you let them choose to REPAIR/REPLACE/REFUND it is on the dealr to prove otherwise.

See flowchart in OFT1241

However, by them taking it to repair and tried to do something they have effectively admitted there was a fault.

mrs2fat

All very useful, thanks everyone.Shockingly they haven't phoned me yet.
I'm sure there all locked in a boardroom hammering out a deal for me, and almost certainly not down the pub

steve-L

If you didn't already download the 2 documents from OFT I linked earlier and print them out. They are easier read, highlighted and cross referenced that way.

mrs2fat

Just wanted to give you guys an update.At 4 I'd still not had a call, so phoned them and asked for the sales manager.
I asked what the situation was, and he didn't know what I was on about.
The service manager had clearly not even mentioned how I wanted out.
He said he would speak to the area manager and get back to me.
At 6 I received the call, they would be willing to tear up the contract and reimburse me 1200
I paid 2000 deposit so rejected his offer.
I let them know I wasn't gonna be messed around anyway, dropped into the conversation the office of fair trading, the consumer credit act and fit for purpose. That way he would know I mean business.
He mentioned according to some aa guide, the depreciation is 24p a mile
Don't think so pal


He is getting back to me tommorow

TradePro

Apologies for not answering your actual question Mrs2, but hopefully from this you may have learned that you should buy a proper, reliable car next time, rather than something that you thought looked 'kewl'.

Generally speaking, the 'funkier' a car looks, the worse it is, and the Mini is a typical example of this. It's a strange phenomena I know, but almost always true.

Hope you get sorted, truly I do, but please don't buy another one as you may well experince the same again.

steve-L

mrs2fat wrote: »

Just wanted to give you guys an update.At 4 I'd still not had a call, so phoned them and asked for the sales manager.
I asked what the situation was, and he didn't know what I was on about.
The service manager had clearly not even mentioned how I wanted out.
He said he would speak to the area manager and get back to me.
At 6 I received the call, they would be willing to tear up the contract and reimburse me 1200
I paid 2000 deposit so rejected his offer.
I let them know I wasn't gonna be messed around anyway, dropped into the conversation the office of fair trading, the consumer credit act and fit for purpose. That way he would know I mean business.
He mentioned according to some aa guide, the depreciation is 24p a mile
Don't think so pal


He is getting back to me tommorow

I think you have a place to negotiate from!
Honestly, if you can avoid going to court do so..... however you don't want them to think you are a pushover and won't....

If it was me I'd be willing to lose say £300...
If you read the guidance (from the link) then it does say a REFUND can have a milage deducted.

How many miles have you actually done? How far is the garage ... you might point out (for instance) that you will accept 24p/mile but you want 45p/mile (which is the amount HMRC let you expense) for the trips you made to/from and any miles they put on it.

mrs2fat

The car has done 3471 miles since bought. I do on average 150 miles a week, so I've put about 1800 miles on, which means they've put 1600 miles on it purely testing it.
How about wear and tear from the ridiculous amount of miles they have put on the car?

bikingbarney

can you prove you only did that amount of mileage ??