Consequential losses and sale of goods act

IvorBiggun

Bought a car from a dealer, needed something fixed requiring the dealer to have the car for a couple of days. Asked for a courtesy car but was told "we don't provide those".
Can I claim for my consequential losses (car hire, train and taxi fares) which I have incurred? If possible could you point to the specific bit of the SOGA that I need to quote on my letter before action.

Many thanks

Car_54

I suspect you'll have a long and fruitless search.

IvorBiggun

Car_54 wrote: »

I suspect you'll have a long and fruitless search.

So is that no I can't claim?

Is this based on a knowledge of the law or your gut?

Consequential loss is mentioned in the SOGA, I just wondered if it applied in this circumstance.

force_ten

this is what SOGA says

Consequential loss


If a customer suffers personally because of a problem with an
item, they may be able to claim damages (money to make up
for it). This is called consequential loss. One example would
be if a customer had to pay out more money (perhaps to hire
another item) because of a faulty item that you sold them.
A more serious example would be if they suffered injury or
damage because of a faulty item.
A customer who claimed damages for consequential loss
would be expected to have tried to resolve the issue with the
retailer first.
Claims for consequential loss do not normally cover distress,
inconvenience or disappointment.

the section that says "they may be able to claim" is the bit that intrigues me

vaio

"may" is there to indicate that the right to claim consequential costs has conditions. The need to mitigate springs to mind but I'm sure there are others.

The basic premise is that you shouldn't be out of pocket because your SOG rights have been breeched

arcon5

So what needed fixing? And on what car (inc age and mileage)? Whose paying for it?

Have you mitigated your losses?
how long is your journey? Any disabilities?

Rememmber, the train fare isn't in whole a consequential loss. If your train fare is £10 and fuel+w&t is £8 then the CL is £2.

Car_54

IvorBiggun wrote: »

So is that no I can't claim?

Is this based on a knowledge of the law or your gut?

Consequential loss is mentioned in the SOGA, I just wondered if it applied in this circumstance.

I've just done a search on the SOGA, and there is NO mention of consequential loss.

That doesn't mean you can't claim, just that it's the wrong bit of law. No doubt other more expert posers will help.

ilikewatch

How much would it have cost to have hired a small basic car (equivalent to most courtesy cars) for a couple of days? £20—£30? Then by the time you've knocked off the wear and tear costs that your own car would have sustained (£2.50 a day?) the net consequential loss might be £15-£25 - hardly seems worth chasing...

roonaldo

Car_54 wrote: »

I've just done a search on the SOGA, and there is NO mention of consequential loss.

That doesn't mean you can't claim, just that it's the wrong bit of law. No doubt other more expert posers will help.

look again.

http://sogahub.tradingstandards.gov.uk/sites/default/files/OFT002_SOGA_explained.pdf

motorguy

roonaldo wrote: »

look again.

http://sogahub.tradingstandards.gov.uk/sites/default/files/OFT002_SOGA_explained.pdf

THats not a link to the SOGA, thats a link to a pretty interpretation of it.

motorguy

Car_54 wrote: »

No doubt other more expert posers will help.

Posers?