Faulty car, Section 75, Court action, Help!!

JJ_Egan

Trade Plates are not insurance but in respect of DVLA motor tax.

atrixblue.-MFR-.

Your own DOC extension on your insurance would not cover the loan of a vehicle to you from a business, it must also have its own insurance tax and mot as a clause for its use anyway, you were right to reject this offer from the trader.


My comment was to lighten things up and be humorous and you chuckled at it then made the sensible option of saying you want to amicable about things and grown up, other seemed to have taken my post so serious its laughable but hey ho that's the internet and part of why I no longer post in motoring.


Good Luck OP I hope all turn out good in the end for you.

lincroft1710

LisaandMatt wrote: »

The main purpose of the car was to tow a trailer with our rally car on the back to and from events (which is what we told the dealer) Hubby decided to use the vehicle to get to/from work for a few days to get used to it and make sure all was well before hitching up and towing a trailer of almost 2000KG!!

As you intended to tow a trailer of almost 2000 Kg, I presume the vehicle in question is a large 4x4

wealdroam

lincroft1710 wrote: »

As you intended to tow a trailer of almost 2000 Kg, I presume the vehicle in question is a large 4x4

You may be right, but what is the relevance of that?

lincroft1710

wealdroam wrote: »

You may be right, but what is the relevance of that?

It was relevant until I realised I had incorrectly converted 2000 Kg to 4 Imperial tons! It is in fact just under 2 tons.

Sally_A

Trade plates are declared on the MID so act as insurance and tax - however, if towing in excess of 2 ton? on a trade plate (commercial rather than private towing) you may be pulled over for not having a tacho and receive a non endorsable immediate fine (£200?). Also your intended use would stretch the boundaries of trade plate cover (as you correctly read up on and stated above) beyond the intention and could subsequently result with you and the trader ending up in deep doo-doo.

The consumer act that came into effect last October was intended more for kettles and toasters, unfortunately car dealers got sucked into it - whilst it is good for the consumer, many car sales peeps have not quite got to grips with the comeback it has on them.

In your case...I think you are in the right, basic checks should have been done on the pre-sales check, but also please bear in mind the price and age of a vehicle - faults can materialise at any time, you wouldn't go back to the dealer if you had a puncture would you? If they take the car back and give you a refund, they are allowed to make a deduction for wear and tear + mileage.

This gets rid of those people that will buy a cheap car, use it for 2 weeks and then demand a full refund after "making" a fault. - or free car hire as the traders see it!

Many of my car sales clients now do a much more in depth pre sales check, get all checks noted on the job sheet and show this to the purchaser - in the past they just told them it had been checked.

My suggestion is...keep it friendly and give them a chance to rectify the problem without getting heavy with "legal rights".

If they get arsey...open up both barrels

Sally_A

PS. Could QC just be Quality Control????

unholyangel

Sally_A wrote: »

The consumer act that came into effect last October was intended more for kettles and toasters, unfortunately car dealers got sucked into it - whilst it is good for the consumer, many car sales peeps have not quite got to grips with the comeback it has on them.

In your case...I think you are in the right, basic checks should have been done on the pre-sales check, but also please bear in mind the price and age of a vehicle - faults can materialise at any time, you wouldn't go back to the dealer if you had a puncture would you? If they take the car back and give you a refund, they are allowed to make a deduction for wear and tear + mileage.

Many of my car sales clients now do a much more in depth pre sales check, get all checks noted on the job sheet and show this to the purchaser - in the past they just told them it had been checked.

1) the consumer rights act specifically mentions motor vehicles - so not "intended more for kettles and toasters".

2) car dealers have always been subject to the same laws as other retailers (under sale of goods act) so nothing that they've been "sucked into" at all. Indeed the changes in their obligations from SOGA are very minor so not really something they should be struggling to come to grips with.

3) They can only make a deduction if you reject the car under the final right to reject - if you reject it within the short term right to reject (ie within 30 days) then they have to refund in full.

4) Under the Road Traffic Act 1988, it is a criminal offence to sell or expose for sale a vehicle that is not in roadworthy condition. This applies equally to private and trade sellers but if you are a trader, its for you to prove you took all reasonable steps to make them aware that using the car on UK roads would be unlawful.

Tbh, you're not making your clients sound very good.