Faulty Car

Dinks77

Hi we bought a car on Saturday (Volvo C30) for £6000. On the test drive it was fine but as soon as my husband got it onto the motorway it started making a noise. During the course of this week it has been making more and more noises and failed to start the first few times on one occasion. My husband works in a garage and the mechanics have listened to it and think its the bearing in his gearbox and advised him to take it back for a refund. He rang the dealer and they have agreed to take it back and give him a refund. My query is it has cost us a lot of money going back and forth including a train fare to get home on saturday once it has been dropped off which is not our fault. Am i entitled to claim these back off the dealer and if so how?
Thanks
Claire

McKneff

No, its one of the pitfalls of not buying locally..... Youre lucky you are getting a refund to be honest, the dealer could
just as easily say 'bring it back and we will repair it' and it could be going on and on, more hassle for you and your other half.


Which would you rather have.


ps, buses are a lot cheaper than trains



You could ask, but don't hold your breath.

bod1467

Technically the answer is yes (I think).

http://sogahub.tradingstandards.gov.uk/explained

But as per above poster, as long as you get the full purchase price back with no hassles then take the pragmatic approach.

daytona0

On the test drive it was fine eh? Does that mean that you accepted the item as it was?

Two thoughts are crossing my mind;

1. They've conned you a bit (though the full refund offer makes this a bit murky because they don't benefit from selling and then offering the refund)

2. They were genuinely unaware of the issue and have offered you a very reasonable resolution


If 1 then why didn't you thoroughly check the item before purchase?

If 2 then why should they be liable for additional expenses incurred which were completely out of their control, and when you have accepted the item in that condition? Why didn't you ask the car dealership to give you a lift home as opposed to choosing the train? Seems a bit extortionate from your side to be honest.

I would personally be delighted with a full item refund, that is actually a very good result to be honest. The company didn't force you to take a train back, and as far as I can gather they were likely as "in the dark" to the problem as you were...

OlliesDad

daytona0 wrote: »

If 2 then why should they be liable for additional expenses incurred which were completely out of their control, and when you have accepted the item in that condition?

Just a quick note, acceptance in SOGA has a specific meaning, and it is unlikely that acceptance has occured yet. To flip your argument, why should the customer be out of pocket because the dealer didn't test the car properly prior to offering it for sale.

daytona0

OlliesDad wrote: »

Just a quick note, acceptance in SOGA has a specific meaning, and it is unlikely that acceptance has occured yet. To flip your argument, why should the customer be out of pocket because the dealer didn't test the car properly prior to offering it for sale.

Well, does test driving the car and the signing of the contract of sale constitute acceptance of the item in that condition? POSSIBLY. You can't assume that the dealer hasn't tested the car properly either - it may be just that the fault developed as a result of an unforeseen issue. If we take your line then it would be fair to ask for expenses back if the dealer was negligent in their duties prior to sale. Aside from that stuff happens and you've just got to get on with things (the seller didn't exactally have the option to offer to pick up the item or give the customer a lift home, so yea it does seem a bit extortionate because the seller could have done it all cheaper; it is only after resolving the issue that the customer has indicated their desire to be reimbursed for expenses). Oh and especially seeing as customer took it to a different garage too first - there is absolutely no way that the dealer should be liable for those expenses either. At the very best you could ask for train fare reimbursement and something like 45p per mile you traveled from home to the dealer. Nothing wrong with asking for it I guess...


Whether the customer is legally entitled to claim I don't know, but I think that no expenses refund is a fair outcome here

OlliesDad

daytona0 wrote: »

You can't assume that the dealer hasn't tested the car properly either - it may be just that the fault developed as a result of an unforeseen issue.

That is still a breach of the Sales of Goods Act though as it is not of satisfactory quality, and therefore the OP is entitled to a remedy at no cost to themselves. I think that the cost of the return journey would be permitted, but as mentioned the OP would have to mitigate their losses by choosing the cheapest method (i.e. the fuel there and the cheapest transport home).

I agree that the OP can't claim back garage bills, but as it was where he worked, I doubt there will be any.

arcon5

daytona0 wrote: »

Well, does test driving the car and the signing of the contract of sale constitute acceptance of the item in that condition? POSSIBLY. You can't assume that the dealer hasn't tested the car properly either - it may be just that the fault developed as a result of an unforeseen issue. If we take your line then it would be fair to ask for expenses back if the dealer was negligent in their duties prior to sale. Aside from that stuff happens and you've just got to get on with things (the seller didn't exactally have the option to offer to pick up the item or give the customer a lift home, so yea it does seem a bit extortionate because the seller could have done it all cheaper; it is only after resolving the issue that the customer has indicated their desire to be reimbursed for expenses). Oh and especially seeing as customer took it to a different garage too first - there is absolutely no way that the dealer should be liable for those expenses either. At the very best you could ask for train fare reimbursement and something like 45p per mile you traveled from home to the dealer. Nothing wrong with asking for it I guess...


Whether the customer is legally entitled to claim I don't know, but I think that no expenses refund is a fair outcome here

No
No it doesnt

visidigi

daytona0 wrote: »

Well, does test driving the car and the signing of the contract of sale constitute acceptance of the item in that condition? POSSIBLY. You can't assume that the dealer hasn't tested the car properly either - it may be just that the fault developed as a result of an unforeseen issue. If we take your line then it would be fair to ask for expenses back if the dealer was negligent in their duties prior to sale. Aside from that stuff happens and you've just got to get on with things (the seller didn't exactally have the option to offer to pick up the item or give the customer a lift home, so yea it does seem a bit extortionate because the seller could have done it all cheaper; it is only after resolving the issue that the customer has indicated their desire to be reimbursed for expenses). Oh and especially seeing as customer took it to a different garage too first - there is absolutely no way that the dealer should be liable for those expenses either. At the very best you could ask for train fare reimbursement and something like 45p per mile you traveled from home to the dealer. Nothing wrong with asking for it I guess...


Whether the customer is legally entitled to claim I don't know, but I think that no expenses refund is a fair outcome here

The dealer is selling the item, They represent the items condition and function at sale. If they haven't done a full assessment on the car that is their lookout, not the buyers.

The dealer could have arranged collection, the dealer could have gone and got it, no where did I see that they weren't offered the opportunity.

For me you could claim expenses. At the same time the dealer could close the business and reopen tomorrow under a different name and the OP gets nothing.

The smart approach would be to take the refund and move on to something else.