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In Dispute With Dealer Over a Car Now Getting Legal! Advice Please!
Comments
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He sold a defective product
Whoa, hang on a minute.
The dealer sold an 8 year old, 90k USED car (probably made £500 profit) and was unlucky that the clutch failed during the 'warranty' period.
He's coughed up nearly a grand for it to be fixed elsewhere, and the OP now has the benefit of 'betterment' - a BRAND NEW clutch, in a USED car.
In my opinion you are out of line to think it's right to squeeze the dealer further.And that my son, is how to waft a towel!0 -
hang on a minute nothing....he sold a car which failed after 5 days & 200 miles, how is that not defective?
he (after being threatened with court) coughed up some of the costs caused by the defect in the car he sold. I doubt the OP is concerned about betterment, all they wanted was what they had paid for, a car that could be driven.
BRAND NEW or USED clutch wouldn't bother me as long as it worked
In my opinion you are out of line to think it's right that the OP should be out of pocket as a result of the defective car.0 -
90k miles and 8 years of use... This isn't a defective product, this is wear and tear.
Why the hell some people buy old used cars and expect them to be like new? Not only does the price you paid seem excessive but your claim seems flimsy on many grounds including the fact you isn't give them the opportunity to sort it out themselves0 -
hang on a minute nothing....he sold a car which failed after 5 days & 200 miles, how is that not defective?
The car didn't fail after 5 days and 200 miles.
The car failed after 8 years and 90000 miles!0 -
In my opinion you are out of line to think it's right that the OP should be out of pocket as a result of the defective car.
The OP didn't have a defective car, he/she has an old-ish car, that things can go wrong on.
Luckily, they bought from a reasonable dealer who has paid to have the car lifted to a higher standard than the vehicle purchased.And that my son, is how to waft a towel!0 -
Apart from the dealer who, once he realised the OP was going to stand up for his rights, eventually paid for the repair rather than try and convince a judge that 200 miles/5 days was a reasonable amount of time for a pre-loved car to last, I seem to be a bit of a lone voice on this thread so maybe we should start a campaign to exempt used cars from SoG legislation or even get rid of consumer protection altogether and just rely on dealers to do the right thing if they manage to sell defective goods to an unsuspecting punter.
Just out of interest what is the consensus on how long a dealer should be responsible for major faults on a 90k miles and 8 years old used car costing £5k?
From some of the posts above it seems that 5 days/200 miles isn't far from the mark but I struggle to believe that people really think that.0 -
Apart from the dealer who, once he realised the OP was going to stand up for his rights, eventually paid for the repair rather than try and convince a judge that 200 miles/5 days was a reasonable amount of time for a pre-loved car to last, I seem to be a bit of a lone voice on this thread so maybe we should start a campaign to exempt used cars from SoG legislation or even get rid of consumer protection altogether and just rely on dealers to do the right thing if they manage to sell defective goods to an unsuspecting punter.
Just out of interest what is the consensus on how long a dealer should be responsible for major faults on a 90k miles and 8 years old used car costing £5k?
From some of the posts above it seems that 5 days/200 miles isn't far from the mark but I struggle to believe that people really think that.
You've missed the fundamental concept of SoGA, its about faulty goods not used goods suffering reasonable wear and tear. The law takes in to consideration description also.
What if the car had done 150k miles and never had a clutch changed? Would you still think it reasonable for op to get it free? What if 5 days after purchase the spring snaps, who pays? Clutches these days are often replaced once or twice throughout the cars life. In most cars if a clutch does 100k miles you've done very very well indeed.
If op had bought the car and a hole blew in the engine block then this would be different, an engine block (unless neglected or caused by another fault) should usually go to 150k on a petrol and usually much much higher on a diesel - in which case op would have a case.
Based on your last paragraph though, you've completely missed the point. Op hasn't bought a 200 mile/5day old car, he's bought a 90k/2500 day (ish) car0 -
By the way op, with the result you got lucky, very lucky - in that they couldn't be bother to attend court where any semi-decent defence would have seen you packaging.
As for £250 recovery costs, you've got to be kidding?!!!
You should have called an independant recovery truck and had it towed back to your local garage. Usually costing £1.50-£2 per mile region.
It's not their fault you didn't mitigate your losses.
You have a brand new clutch for sub £250. You are in a much better position than you was before. You should be celebrating not whining0
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