Should I take them to court?

Cafu

AdrianC wrote: »

Are you suggesting there shouldn't be any deduction for the nearly 6,000 miles you've done in it? Or that 25p/mile is excessively high?

No I am not suggesting that there should be no deduction. I am saying that they must pay be the right price. If the car is being sold for £6,500 on the market then why can't they accept my compromise of £6,000?

I have also used much money just to prove that the problem exists. The court would take this into account.

AdrianC

Cafu wrote: »

then why can't they accept my compromise of £6,000?

They're offering £5,870.

How long are you going to drag this out over £130?

Cafu

AdrianC wrote: »

They're offering £5,870.

How long are you going to drag this out over £130?

Well the market price is 6,500 and consider all the other costs involved and the time spent.

I had a garage look at the car and they wrote a report that the problem is with the car. I did not cause the problem.

If this was not my fault, then why are calling me unreasonable? You could argue that they are the ones who are being unreasonable?

AdrianC

How long would you say was "reasonable" to argue over £130?

Cafu

Why £130? Why not £630?

£6,000 is already a compromise for me.

AdrianC

Cafu wrote: »

Why £130? Why not £630?

Because you've said you'd accept £6k, and they've offered £5,870.

£6,000 is already a compromise for me.

And £5,870 is a compromise for them.

BeenThroughItAll

Cafu wrote: »

Well the market price is 6,500 and consider all the other costs involved and the time spent.

I had a garage look at the car and they wrote a report that the problem is with the car. I did not cause the problem.

If this was not my fault, then why are calling me unreasonable? You could argue that they are the ones who are being unreasonable?

Doesn't mean the market value is £6500 though, does it?

Cafu

BeenThroughItAll wrote: »

Doesn't mean the market value is £6500 though, does it?

If all the other cars of the same spec are selling for around £6,500? Trading standards said I should be able to buy back the same spec car.

wrightk

You have bought a car over 150 miles away and failed to return it to the point of purchase when there was a problem more than once complicating matters, furthermore you've driven 6000 miles in it before now deciding you want a replacement. To me-in court this sounds like you have accepted the goods

First thing you do when there is a problem, take it back to the point of purchase give THEM, not another dealer a chance to rectify the problem. If not reject the goods.
Sorry to have to agree with the others on this one but the dealer sounds to me like they are bending over backwards to help you out on what is a very minor issue. 25pence a mile is a very reasonable wear and tear figure for the vehicle and i would suggest you bite their hand off and get yourself a slightly higher mileage, non smelly air con car or you risk losing it all

Cafu

wrightk wrote: »

You have bought a car over 150 miles away and failed to return it to the point of purchase when there was a problem more than once complicating matters, furthermore you've driven 6000 miles in it before now deciding you want a replacement. To me-in court this sounds like you have accepted the goods

First thing you do when there is a problem, take it back to the point of purchase give THEM, not another dealer a chance to rectify the problem. If not reject the goods.
Sorry to have to agree with the others on this one but the dealer sounds to me like they are bending over backwards to help you out on what is a very minor issue. 25pence a mile is a very reasonable wear and tear figure for the vehicle and i would suggest you bite their hand off and get yourself a slightly higher mileage, non smelly air con car or you risk losing it all

I was going by the advise of CAB. If I knew I had to go to them I would have done it. Remember I knew nothing of the law. But I did tell them about the problem right from the beginning. They would also not respond to me when I would try to contact them.

I did ask for a refund BTW as soon as I found the problem. So its not like I wanted the car. There is a huge trail of emails showing my communication with them. It was only after I sent them a final warning letter did they contact TS who advised us on what to do. Had this happened sooner, I would not have travelled 6000 miles in my car. At one time I didn't even know that I could do anything at all. I thought I was stuck with the car.

I will consider their price and then take them to court over the price that they resell the car.

End of the day the car is not fit for use from the very beginning and the evidence is there.

It's not a minor issue. I don't care about the smell. This thing increases my blood pressure due to the berating problems.