Returning a faulty car under SOGA

splosh1

(I've posted this in the Motoring forum, but I think it might be better answered here, sorry mods)

Hi

Does anyone have any experience/advice on the time limits involved in returning a faulty vehicle?

I bought a car from a private garage about 10 weeks ago. It transpired to have several faults when I drove it away, and developed several others shortly afterwards. The garage I bought it from offered a 3 month warranty with the vehicle and they advised I took it to a manufacturing garage for repair. They repaired a quite serious fault, but then the car developed another fault and the other less serious faults were never fixed. At this point I sent a letter to the garage I bought it from asking for a full refund under SOGA.

They then dithered about for 3 weeks, not contacting me, refusing to collect the car, insisting I return it to them at great inconvenience to me. They've had the car since Monday of this week for investigation. They haven't told me the results of the investigation. Today I get a phone call from the garage, telling me that I have a good case for a refund but because the manufacturing garage carried out a repair on the car they now want to check with Trading Standards on Monday where they stand on this. Can anyone explain to me what they are talking about and why this isn't just a straightforward refund, other than the fact they are just delaying having to repay me for as long as possible?

The garage authorised this repair of the car. I've spoken to the CAB who tell me my contract is with the garage I bought the car from, not with the garage who repaired the fault. I am currently without car and without £thousands that I paid for it. I have had to cancel work this week because I have no access to transport and I don't know when I can expect my money back.

Any advice would be gratefully received.

unholyangel

splosh1 wrote: »

(I've posted this in the Motoring forum, but I think it might be better answered here, sorry mods)

Hi

Does anyone have any experience/advice on the time limits involved in returning a faulty vehicle?

I bought a car from a private garage about 10 weeks ago. It transpired to have several faults when I drove it away, and developed several others shortly afterwards. The garage I bought it from offered a 3 month warranty with the vehicle and they advised I took it to a manufacturing garage for repair. They repaired a quite serious fault, but then the car developed another fault and the other less serious faults were never fixed. At this point I sent a letter to the garage I bought it from asking for a full refund under SOGA.

They then dithered about for 3 weeks, not contacting me, refusing to collect the car, insisting I return it to them at great inconvenience to me. They've had the car since Monday of this week for investigation. They haven't told me the results of the investigation. Today I get a phone call from the garage, telling me that I have a good case for a refund but because the manufacturing garage carried out a repair on the car they now want to check with Trading Standards on Monday where they stand on this. Can anyone explain to me what they are talking about and why this isn't just a straightforward refund, other than the fact they are just delaying having to repay me for as long as possible?

The garage authorised this repair of the car. I've spoken to the CAB who tell me my contract is with the garage I bought the car from, not with the garage who repaired the fault. I am currently without car and without £thousands that I paid for it. I have had to cancel work this week because I have no access to transport and I don't know when I can expect my money back.

Any advice would be gratefully received.

I think they're going to try take the viewpoint that by you taking a repair, you've accepted the goods. However SoGA says that accepting a replacement or repair does not constitute acceptance.

So apart from that, it comes down to whether you're past a reasonable length of time to outright reject.

splosh1

Hmm, doesn't surprise me. Their faces are getting more and more like Boycie's every time I talk about it.

I asked them to extend the warranty (in writing) when the fault was identified as I was really dissatisfied with the way the car was performing and the problems with it that I felt I had no option but to try to sort out. I told them that I'd prefer they had the car back and sorted it themselves but this option was never taken up by them.

How long is a reasonable length of time?

unholyangel

splosh1 wrote: »

Hmm, doesn't surprise me. Their faces are getting more and more like Boycie's every time I talk about it.

I asked them to extend the warranty (in writing) when the fault was identified as I was really dissatisfied with the way the car was performing and the problems with it that I felt I had no option but to try to sort out. I told them that I'd prefer they had the car back and sorted it themselves but this option was never taken up by them.

How long is a reasonable length of time?

Depends on the nature of the goods. Only a court can really define what is reasonable given all the circumstances. Personally, I'd say perhaps 4 weeks approx.

After that, if a fault is inherent (not through consumer misuse or natural wear n tear) then you could still request a repair, replacement or refund but cannot force a remedy that is impossible or disproportionately costly.