Found Fault cover up after owning car 2 days

shaun_from_Africa

societys_child wrote: »

But if the buyer collected the "goods" from the garage where he bought it and drove it the 50 miles home?

I'd have returned car, keys and documents days ago.

70sthrowback wrote: »

this is true, the goods weren't delivered.

The word "delivered" when used in the SOGA doesn't mean the same as when you or I would use it in normal conversation. All it means is that you took possession of the car so as far as the law is concerned, it was delivered to you.

From the SOGA interpretation section:

“delivery” means voluntary transfer of possession from one person to another ; [F50except that in relation to sections 20A and 20B above it includes such appropriation of goods to the contract as results in property in the goods being transferred to the buyer;]

70sthrowback

As long as he gave me my money first though, and thats the part I would not trust to happen. What car, no don't know what you are talking about.

70sthrowback

shaun_from_Africa wrote: »

The word "delivered" when used in the SOGA doesn't mean the same as when you or I would use it in normal conversation. All it means is that you took possession of the car so as far as the law is concerned, it was delivered to you.

From the SOGA interpretation section:

Thanks for this info on SOGA Shaun from Africa, really helped me today.

dannyrst

If this goes to court, I fear it may be another case we all assume is pretty air tight and then ends totally different (similar to the one a few months ago regarding the private sale).

All the best OP, hope you get a positive outcome.

arcon5

dannyrst wrote: »

If this goes to court, I fear it may be another case we all assume is pretty air tight and then ends totally different (similar to the one a few months ago regarding the private sale).

All the best OP, hope you get a positive outcome.

I don't think this is one of them

70sthrowback

Hi all, apologies to drag up this very old thread but I thought it may be useful to other people who are going through the same process and also informing those people who offered me some great advice.

Since my last update I attended a Case Management Conference in December to allow my written evidence of the independent car report to be submitted as evidence. This was accepted by the judge without any issues, just required a statement of truth adding. The defendant didn't turn up. I then got a court hearing date of April, so 6 months after I first logged a case on MCOL.

Today at the request of the court we had a mediation service call. As I had nothing to lose I thought why not, fully expecting to get nowhere based on the previous views of the dealer thus far. However we have managed to reach an agreement for a cash settlement. Some compromise was required on my part, however I decided to take that, rather than risk the judge deciding on a repair and also to avoid the day in court which I was not looking forward to at all. It took over an hour of negotiation to reach this agreement and it definitely wouldn't have happened without the mediation service. (or the threat of an impending court date and potential further costs to the dealership)

So although I am a couple of hundred pounds out of pocket I can move on. Well as long as the dealer meets his side of the settlement. But at least this way I can legally enforce it. So what do I take from this? That when buying an old car make sure it has 12 months MOT, and if at all possible get an inspection done, it could save a lot of money and stress in the long run.

I want to thank all of you that were supportive and offered advice. From now on I will be taking my own advice as stated above!