Car purchased with Credit Card

Agricolae

I am sorry to say that when you buy a car of that age and 150,000 miles, you're taking a big risk.

It is pretty inevitable that on a vehicle of that age, things are going to start to wear out. A gearbox will usually last a long time in comparison to other components, but 150k is really pushing it.

If you claim under section 75 the bank will say it is wear and tear, and the FOS will likely say the same.

santas_helper

but surely, as the car is under 6 months old, SOGA kicks in?

up until 6 months after the sale of the vehicle, it's up to the dealer to prove that the fault wasn't there when he sold

santas_helper

not the same case, but similar jist

http://www.consumeractiongroup.co.uk/forum/showthread.php?23827-Sale-Of-Goods-Act-(buying-A-Vehicle)-Your-Rights

santas_helper

OP, here is a letter covering the SOGA stuff that i would send to the garage. obviously you will need to ammend it accordingly.

GARAGE NAME}
{GARAGE ADDRESS}


{DATE}

Dear Sir/Madam

without prejudice

Sale of Goods Act 1979 (as amended)

Re: VEHICLE TYPE (REG NO: )
PURCHASE DATE: { }.

The above mentioned vehicle (VEHICLE TYPE, registration number XXX XXX) is, as of the date of this letter, the subject of a claim against GARAGE NAME of GARAGE ADDRESS under the Sale of Goods Act 1979 (as amended).

It is claimed that the vehicle, when purchased from GARAGE NAME, had a
(OUTLINE THE PROBLEM WITH THE VEHICLE HERE)-

Your responsibilities
I would draw your attention to the Office of Fair Trading guidance for car dealers and to the Sale of Goods Act 1979 (as amended).

Under the terms of this act, the claimant may request a repair or replacement of any vehicle that is considered defective at the time of purchase. If, for any reason, a repair is not possible, then the law states that the claimant is entitled to a full refund, less any part exchange allowance (if applicable). If a part exchanged vehicle has been sold on or disposed of, then the claimant is also entitled to claim the full value of this vehicle.

If a claim is made during the first six (6) months after purchase, and a resolution cannot be sought out of court, then it is the responsibility of the seller to prove that the vehicle was in no way defective at the point that it was sold to the claimant (Reversed Burden of Proof). (YOU MAY NEED TO AMEND/DELETE THIS PARAGRAPH IF YOU HAVE HAD YOUR VEHICLE FOR OVER SIX MONTHS).

What I require
I require you to respond within 7 days of the date of this letter (as postmark). You must provide a clear indication of how you would like to proceed with this claim.

The vehicle is currently located at ADDRESS AT WHICH THE VEHICLE IS LOCATED. Under the terms of the Act, you are fully entitled to view the vehicle (at your own expense), but you must inform me in writing beforehand so that arrangements can be made.

THE FOLLOWING PARAGRAPH PROBABLY WONT BE RELEVANT TO YOU BUT IT CAN BE AMENDED/DELETED ACCORDINGLY: At present, the gearbox remains within the car and any additional diagnostic work or repair would fall within your responsibility under the Sale of Goods Act 1979 (as amended).

Once an agreement has been reached to the points contained within this letter, you are entitled to the return of the vehicle to your business premises (at your own expense).

My targets to resolve this matter
I hope that you will enter into a sincere dialogue about this matter and I am writing this letter to you on the assumption that you will prefer to do this rather than the need for further action to be taken.

I am claiming either a repair to this vehicle (to the manufacturers’ standards) or a full refund.

I will give you seven (7) days to reply to me accepting, unconditionally, my request in principle and advising me of a date by which I will receive payment or a schedule for the repair.

If you do not respond, or you do not respond positively within this time period, I shall send you a letter before action that will outline my intention to recover the full amount plus interest, costs and compensation through the Courts.

Yours faithfully,


YOUR NAME

Agricolae

I don't think anybody is claiming the SOGA doesn't apply, nor are people saying the gearbox is free of faults.

The problem is the age of the vehicle and the number of miles it has done. Under the SOGA you wouldn't apply the law in the same way for a (very well used) second hand item, as you would for brand new goods.

santas_helper

Agricolae wrote: »

I don't think anybody is claiming the SOGA doesn't apply, nor are people saying the gearbox is free of faults.

The problem is the age of the vehicle and the number of miles it has done. Under the SOGA you wouldn't apply the law in the same way for a (very well used) second hand item, as you would for brand new goods.

but there is no way really of knowing if the gearbox had been repaired say 20K ago 30K ago etc

but as such, a S75 should apply aswell if the garage do fail to do anything