Conditional sale agreement with Close

Nodding_Donkey

Why are people calling it a £10k car? It was £8k. The other £2k is interest.

harveybobbles

Do people still think that diesels "are more economical.."

fivetide

vaio wrote: »

so seems the op did ok, £8k for an 04 and a year later an 05 is the same money (or more)

Either way, it's a hell of a lot of car & technology for £8k (swirl flaps not withstanding)

Swirl flaps withstanding - the OP hasn't done OK at all unfortunately.

At least we know not to buy an over priced one from AutoTrader

Gedmul

Hi again. Thanks for the helpful replies ( and the sly dig ones). I wanted to say I was not aware of the swirl flaps until mine failed. After all I'm a consumer, not a motor trader. I researched it after the effect and discovered that there's lots of info out there and the most important one is, as stated in one post, a known and easily rectifiable point. My point is that the supplier, in this case it's actually the finance company, should have known and rectified it prior to selling. It was serviced, by then, prior to collection and the modification should have been done then. SOG should protect me in this case so we shall see.

vaio

good luck & update the thread with progress please

What is a "conditional sale agreement"?

Gedmul

When you buy goods you buy then under different agreements and the contract must state whether it is HP, PCP, conditional sale etc. each one is covered by different legislation and in this case it was a conditional sale agreement. Any item sold under such an agreement has protection. Any fault that occurs within the first six months is accepted as being present at point of sale and MUST be repaired by the seller.

colino

Nice total misinterpretation of the law there newbie, there isn't any legislation that he MUST repair a car at any time.

forgotmyname

Why would a garage replace working parts? If they had replaced everything that may fail then the car would be double, triple or even more than the price you paid.

Dont the flaps give a rattle before they fail?

Gedmul

colino wrote: »

Nice total misinterpretation of the law there newbie, there isn't any legislation that he MUST repair a car at any time.

Sale of Goods Act. Under a conditional sale agreement any fault that occurs within the first six months is deemed to have been present at point of sale and the sellers responsibility to rectify.

Are you a motor trader on here to try and put people off? It seems all of your posts are negative and look to absolve the seller of their responsibility.

This fault has occurred outside of the six months but SOG states that an item must be durable. DTI guidelines highlight that if an item is sold with a design fault that means the item is going to, or is likely to, fail then it is the sellers responsibility to rectify the situation, not the manufacturer.
The seller could argue that they were not aware of the fault but as it's even listed on Wikipedia that's not likely to hold must weight.
The law is about interpretation and stated cases and about how it is viewed by firstly the Ombudsman and then the small claims court. Both sides put their case forward and the Judge makes his decision on his interpretation of the legislation. The question then is, would he consider that the vehicle, given its age, mileage and cost is durable, given that it only lasted ten months and seven thousand miles? If he says yes then I lose, if he says no then I win.

I previously bought a 55 plate Freelander from Evans Halshaw. Four months later a main component of the drive, the IRD, failed at a cost of over £2000. It was a conditional sale but the dealer point blank refused to do anything other than offer £250 as goodwill. The repair was made and paid for by the dealer after Trading Standards intervention. This was thanks to The Sale of a Goods Act.
The fact I then went and bought another lemon isn't good!!!!

tykesi

The fact I then went and bought another lemon isn't good!!!!

See the common denominator here?