Interpretation of Sale of Goods Act.

[roythegrass]

I am in dispute with a used car dealer. Due to engine faults I cancelled/rescinded the contract within two days of purchase quoting the Sale of Goods Act and Distance Selling Regs. (Deposit paid 'sight unseen')


The dealer has agreed to accept return of the vehicle and refund providing I return it at my cost.
The dealer is in the north and I’m in the south. Ignoring the DSR for the moment (because the dealer disputes the transaction is covered by these regs) various references to the SoGA say “the goods must be returned to the supplier” however I am advised by my garage –having diagnosed three engine faults- that to drive the vehicle may cause further damage. In respect of repair or replacement the SoGA refers to “….without significant inconvenience to the buyer.” (Section 48 (B) (2) (a) However the Act is silent on any ‘inconvenience to the buyer’ in respect of a rescinded contract where the vehicle has to be returned to/collected by the seller.

I have advised the dealer that it is their responsibility to collect the vehicle. Is this requirement covered by the SoGA ? Thoughts would be appreciated.
Thanks
PS SoGA Section 48E (6) appears to be all encompasing on this issue but I'm not sure.

[miliitant]

Re: Interpretation of Sale of Goods Act.

my take on this is that you have repudiated the agreement so the goods now belong to the creditor (car dealer)
it is the responsability of the car dealer to look after his goods, you at the moment are in effect a caretaker of those goods
why should you return it at your cost, the goods supplied are faulty

i would inform the dealer it is not reasonable for me to travel from one end of the country to the other and back at my own expense due to faulty goods supplied

get the dealer to give a date for him or his agents to collect the vehicle or you will start charging storage charges because from xyz date the vehicle will be uninsured.

HOW DID YOU PAY THE DEPOSIT AND BALANCE

[roythegrass]

Re: Interpretation of Sale of Goods Act.

Thanks Miliitant
Deposit paid by bank transfer, balance in cash. Dealer didn't accept cards which says a lot !
Sadly although the various Acts and Regulations indicate the vehicle belongs to the dealer if he has failed to act within a given time, I am now the registered keeper and as such responsible for tax and insurance as the vehicle is parked on a public road. I am of course seeking recovery of these consequential losses over and above the purchase price.

[teaboy2]

Re: Interpretation of Sale of Goods Act.

Hang on did it state anything about who paid costs of returning the car, should you cancel the contract, as thats what you have done, you have not rescinded. You simply used your right to 7 days to cancell from date of receipt of the car.

If it says in the contracts terms and conditions you would liable for costs of returning the car then your obliged to pay such costs, if if doesn't mention anything about who pays the costs then its the dealer.

I take it you bought/or found this car via a site like ebay? Was the seller a business seller and have a company/dealership name and registration number, Vat Number etc?

[miliitant]

Re: Interpretation of Sale of Goods Act.

HOW LONG HAVE YOU HAD THE VEHICLE FOR BEFORE THE FAULTS APPEARED

UNDER THE soga, if problems start within the first 6 months, it is assumed the faults were their at time of purchase

[teaboy2]

Re: Interpretation of Sale of Goods Act.

lol whats with the CAPs militant!

[miliitant]

Re: Interpretation of Sale of Goods Act.

lol whats with the CAPs militant!

lost my glasses today

blind as a bat till monday when i get some temprary glasses

[roythegrass]

Re: Interpretation of Sale of Goods Act.

Car found on dealers own website (on which there were numerous contraventions of The Companies (Trading Disclosures) Regulations 2008) and as originally stated I cancelled within 48 hours by email which was acknowledged by the dealer. The dealer has agreed to take the vehicle back and the dispute narrows down to two issues.
Should I have to return the vehicle or is the dealer responsible for collecting.
Is the dealer responsible for refunding my legally necessarily incurred consequential losses - road tax, insurance etc.
There are no t&c's on the dealers invoice/receipt.
The vehicle has remained unused since returning home after collecting.

[teaboy2]

Re: Interpretation of Sale of Goods Act.

Is there any terms and conditions on the website regarding cancellation and cost of returning goods?

[roythegrass]

Re: Interpretation of Sale of Goods Act.

None !

[teaboy2]

Re: Interpretation of Sale of Goods Act.

In that case under distance selling regulations the dealer is liable for cost of collecting the vehicle!

Heres the relevant section of the distance selling regulations 2000

Restoration of goods by consumer after cancellation

17.—(1) This regulation applies where a contract is cancelled under regulation 10 after the consumer has acquired possession of any goods under the contract other than any goods mentioned in regulation 13(1)(b) to (e).
(2) The consumer shall be treated as having been under a duty throughout the period prior to cancellation—
(a)to retain possession of the goods, and
(b)to take reasonable care of them.
(3) On cancellation, the consumer shall be under a duty to restore the goods to the supplier in accordance with this regulation, and in the meanwhile to retain possession of the goods and take reasonable care of them.
(4) The consumer shall not be under any duty to deliver the goods except at his own premises and in pursuance of a request in writing, or in another durable medium available and accessible to the consumer, from the supplier and given to the consumer either before, or at the time when, the goods are collected from those premises.

(5) If the consumer—
(a)delivers the goods (whether at his own premises or elsewhere) to any person to whom, under regulation 10(1), a notice of cancellation could have been given; or
(b)sends the goods at his own expense to such a person,
he shall be discharged from any duty to retain possession of the goods or restore them to the supplier.
(6) Where the consumer delivers the goods in accordance with paragraph (5)(a), his obligation to take care of the goods shall cease; and if he sends the goods in accordance with paragraph (5)(b), he shall be under a duty to take reasonable care to see that they are received by the supplier and not damaged in transit, but in other respects his duty to take care of the goods shall cease when he sends them.
(7) Where, at any time during the period of 21 days beginning with the day notice of cancellation was given, the consumer receives such a request as is mentioned in paragraph (4), and unreasonably refuses or unreasonably fails to comply with it, his duty to retain possession and take reasonable care of the goods shall continue until he delivers or sends the goods as mentioned in paragraph (5), but if within that period he does not receive such a request his duty to take reasonable care of the goods shall cease at the end of that period.

(8) Where—
(a)a term of the contract provides that if the consumer cancels the contract, he must return the goods to the supplier, and
(b)the consumer is not otherwise entitled to reject the goods under the terms of the contract or by virtue of any enactment,
paragraph (7) shall apply as if for the period of 21 days there were substituted the period of 6 months.
(9) Where any security has been provided in relation to the cancelled contract, the duty to restore goods imposed on the consumer by this regulation shall not be enforceable before the supplier has discharged any duty imposed on him by regulation 14(4) to return any property lodged with him as security on cancellation.
(10) Breach of a duty imposed by this regulation on a consumer is actionable as a breach of statutory duty.

So in other words, as their is no terms or conditions stating you must return the goods at your costs, then all you have to do is maintain and retian possession and take reasonable care of the goods whilst waiting for the dealer to arrange collection at his cost. The dealer has 30 days under the regualtions to issue you a refund otherwsie you can take them to court!

[roythegrass]

Re: Interpretation of Sale of Goods Act.

As helpful as it is, for the moment I’m not relying on the DSR. The OFT website says where a trader accepts an order and payment over the phone for goods on their website and this is an exception to their normal means of conducting face to face business then the transaction falls outside the DSR, and this is being sited by the dealer.

I’m therefore trying to see if anything in the SoGA or other regs indicates that it is the responsibility of the dealer to collect the car.

[teaboy2]

Re: Interpretation of Sale of Goods Act.

As helpful as it is, for the moment I’m not relying on the DSR. The OFT website says where a trader accepts an order and payment over the phone for goods on their website and this is an exception to their normal means of conducting face to face business then the transaction falls outside the DSR, and this is being sited by the dealer.

I’m therefore trying to see if anything in the SoGA or other regs indicates that it is the responsibility of the dealer to collect the car.

I disagree witht he OFT there. The act applies to all sales made over the net or by the phone, there is not distinction between whether it is his normal means of conducting business. He advertised the car on the website no doubt requiring you to call for details and took your order over the phone therefore it is normal practice for them to take orders or agree sales via the phone for cars advetised on their website.

[roythegrass]

Re: Interpretation of Sale of Goods Act.

I'll have to wait the court hearing and doubtless like so many small claims will depend on what side of the bed the judge got out that morning !