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Can Trader do this?

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  • lincroft1710
    lincroft1710 Posts: 18,876 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Of course there is! People have rights in this country. You have a 6 year warranty on used cars from traders and a 6 month from private sellers. One of the only good things the eu did for us

    Please provide the enabling legislation.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • Robisere
    Robisere Posts: 3,237 Forumite
    Ninth Anniversary 1,000 Posts Photogenic Combo Breaker
    I don't give a damn about Jimmy Saville, he's dead and can no longer hurt those poor kids. I don't even care about the ongoing spat beween the idiots who accuse each other of changing aliases. But I do care that almost every Thread on this Forum appears to go pff into themes far removed from the OP's post. So here goes:

    If I had that experience, I would have looked at the car, spotted the discrepancies, and said "So where is the advertised car? This is clearly not it!" Then walked away talking about Trading standards. Could you actually see where the trader had tethered his horse? What size Stetson hat did he wear?
    I think this job really needs
    a much bigger hammer.
  • Sosumi
    Sosumi Posts: 195 Forumite
    50Twuncle wrote: »

    More abuse - eh ?
    Exactly the same as your former personalities
    You can't hide !

    50Twuncle,

    The reason I told you that you’re digging your own grave is because not only do I know that I’m not an alias or alter ego of those you claim but so, too, from their system logs, do the MSE site administrators.

    Whereas you know neither of those facts.

    So, in watching you perpetually disrupt threads pursing your bizarre Don Quixote fantasy, I know that I’ve done nothing wrong and that you, in contrast, are tightening a noose around your own neck. Feel free to continue and hang yourself with it, getting yourself banned for being a persistent delusional pest.

    That’s not going to worry me, is it? :)
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    You keep saying that but you've clearly not been able to prove the contrary!
    Did you read the article linked in post 37?

    It's impossible to prove a negative - and there's no simple documentation to show exactly what warranty is legally required, simply because there is no legal requirement for ANY warranty, let alone one so ridiculously and unenforceably long as 6yrs from a trader, 6mo from a private seller.

    I could link to SOGA79 or CRA15, or any number of explanatory websites explaining the legal obligations of traders, and they wouldn't say a thing about any such warranty. For the simple reason it does not exist.
    http://www.legislation.gov.uk/ukpga/1979/54
    http://www.legislation.gov.uk/ukpga/2015/15
    http://www.which.co.uk/consumer-rights/advice/what-do-i-do-if-i-have-a-faulty-product
    http://www.bbc.co.uk/news/business-34410782
    See? Not one thing about any such warranty.

    So, how about YOU prove that it DOES exist...? If the law is such, it should be straightforward. Goferit. <waits>
  • Fat_Walt
    Fat_Walt Posts: 750 Forumite
    Of course there is! People have rights in this country. You have a 6 year warranty on used cars from traders and a 6 month from private sellers. One of the only good things the eu did for us


    What legislation gives you six months warranty on a private sale?
  • peter_the_piper
    peter_the_piper Posts: 30,269 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Well you say that, yet there are god knows how many dealers out there despite the law stating dealers must warrant the goods for 6 years

    Most interested, can you link to the relative legislation?
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • Joe_Horner
    Joe_Horner Posts: 4,895 Forumite
    Ninth Anniversary Combo Breaker
    EU regulations

    What part of that don't you understand?

    We don't understand which one of the approx 40000 EU regulations you're talking about. Unless you can narrow it down to a specific one your statement is meaningless. And still wrong.

    The nearest there is to what you've stated is a general assumption (but with quite a lot of exceptions) of a 2 year warranty period for new goods sold by traders.

    That's a lot different to 6 years and nothing to do with private sales, so we're waiting eagerly for you to pinpoint your claim.
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    EU regulations

    What part of that don't you understand?

    Let me write it bigger so you can read it

    E U R E G U L A T I O N S

    tl;dr ... you're conflating several things incorrectly to come up with a misconceived view of legislation.

    The full story ...
    What you're referring to doesn't exist. You're actually referring to an EU Directive ... directives are enabled in each EU member state's legislation by appropriate legislative means; in the UK it is by an Act of Parliament. In the UK it was formerly the Sales of Goods Act 1979, which has now been superseded by the Consumer Rights Act 2015.

    6 year warranty in law doesn't exist ... you're confusing this with the Limitations Act, which allows an "injured" party (e.g. consumer) to pursue the other party (e.g. seller) for up to 6 years from date of contract* to seek a remedy for any real or perceived issue - after this time the claim becomes statute barred. (A claim can still be made, but the defendant can invoke the Limitations Act to have the claim struck out). The Limitations Act makes no differentiation between a commercial seller or a private seller.

    * 5 years from discovery of issue in Scotland

    The 6 months period you mention, you're again confusing things ... this is merely the period whereupon the burden of proof (for proving whether an issue was inherent - present at the point of sale but not apparent) switches between seller and buyer. This comes from SOGA and continued (with some minor tweaks) in CRA. Again it makes no differentiation between commercial and private transactions.
  • bod1467
    bod1467 Posts: 15,214 Forumite
    edited 29 August 2016 at 8:59AM
    How did this thread go so far "off piste".

    The post above is correct, with one caveat ... for personal injury claims the time limit is 3 years per the Limitations Act. (Not that the subject in point is about personal injury though).
  • bod1467
    bod1467 Posts: 15,214 Forumite
    I'm not going to make any accusations regarding under-bridge dwelling. Suffice to say that NUH is content to accuse others and make wild statements, yet refuses to provide ANY evidence to back up said statements.

    What is that the hallmark of .... ?
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