Faulty car

[R0b]

Re: Faulty car

our argument with the waiver would be that the car ran ok at the time of test driving it but after the car had been sat a day this is when the problem started

Completely understand your argument but on the flip side, your husband saw the vehicle personally, had time to inspect it and also gave it a test drive so the dealer could arguably say he has had a reasonable time to accept the goods. He could have test drove for a second time on another day but instead decided to buy it, arguably indicating his acceptance that the goods were of satisfactory quality and fit for purpose.

As I said though, the statements made by the dealer will form part of the terms of the agreement and so the fact that the vehicle is not mechanically sound, would be your alternative argument if the waiver argument fails - so there are in fact two arguments you are making here, if you fail on the waiver argument you may well win on the statements by the dealer.

As for the 30 day period, registering your case with CAB does not men you have rejected the goods. You need to specifically inform the dealer that you are rejecting the goods and wish for a refund within 30 days, failing that there is no automatic right. The exception is that if the car has been sent in for repair within the 30 days then that clock stops until the car has been returned to you by the dealer or repairer as indicated as fixed.

@des8 cross posts here, I thought you might disagree out of curiosity what make you think he is has waived his rights rahter than "accepted" the goods after test driving and having the opportunity to inspect the vehicle before purchasing? I did point out in my previous post you can't contract out or have a consumer waive their rights but because there is no express terms saying that his rights are waived, it would all depend on the construction and interpretation of the declaration.

Whilst I do agree and see your point, from the dealer's perspective, he may also have a defence as I've suggested - the courts have always said that naivety does not get you out of the contract.

I'm not saying that the court will not say the declaration is actually a waiver but the point I was making is that it is possible the dealer could have a defence to that claim.

[Juliaforster]

Re: Faulty car

We informed the dealer over the phone on the 19th and he also got it in writing on the 22nd so still within the 30 days.

[R0b]

Re: Faulty car

Well then yes you are within your 30 day period, anyway not trying to side with the dealer here but happy to help if you need to draft the claim

[des8]

Re: Faulty car

by claiming the purchaser has accepted the goods the implication or claim by the vendor would be that the purchaser can no longer reject them.
That is in effect reducing a consumer's statutory rights, and I can see no other reason for it.

This is the case in private sales .
If purchased at a distance purchaser can reject goods if not as described.
If purchased after inspection, test drive etc purchaser has very few rights.

For business/consumer sales, even if a full inspection is carried out and acceptance notes signed, the consumer may still reject faulty goods.

[Juliaforster]

Re: Faulty car

Haha, my cat does the same! My head is about to explode now. Is the waiver grounds for us to lose the case or not?? I'm trying to get hold of the advert where we saw it advertised on auto trader but no joy as yet but going to call them tomorrow to see if they can help me. Anymore advise from you would be very much appreciated but I need my bed now so catch up tomorrow. Thank you so much.

[R0b]

Re: Faulty car

Yes I agree you cannot restrict or reduce consumer's statutory rights, if it was B2B then possibly. As we both agree you cannot restrict those rights where the buyer has not had a reasonable time to inspect the goods.

So yes where a consumer buys a washing machine for at a shop, they would not be deemed to have accepted it at that point because they did not have time to see if the machine works even if it was inspected at the shop because they would have needed a reasonable time to unpack and then connect it up to see if it is fully functional.

And that's the slight difference I'm trying to make. Here, the husband has inspected the goods prior to purchase as well as test driving. Acceptance of the goods can be intimated by the seller (arguably here, by signing the declaration), doing something inconsistent with the rights of the owner or after a reasonable period of time.

The key point point here is the opportunity to exam the goods, which the husband has done so prior to purchasing the vehicle.



@Juliaforster, the waiver grounds will probably be determined by the judge, but as I said before your claim should be made under 2 separate headings:

1. The declaration is not acceptance and a waiver of rights; or if the court does not agree with you, your alternative argument is

2. The dealer made a pre-contractual statement that the vehicle was mechanically sound. The CRA provides any pre-contract statements relied upon form part of the contract and the dealer is in breach of the agreement. There is a number of faults, you notified the dealer rejecting the goods within 30 days and you are entitled to full refund under the CRA.

Therefore if you fail on the first ground of the waiver you still have the second argument which is more difficult for the dealer to argue.

[des8]

Re: Faulty car

It seems, R0b, you and I will continue to have slightly different views on the importance of "accepting" goods.
IMO just because you sign a satisfaction note, it does not mean you have accepted the goods, and are waiving your right to return them at a later date.
Especially if to make a proper examination you are not properly qualified, and if by signing it you would be renouncing your statutory rights.

But to proceed with the case in hand, there is a similar situation (less discussion about satis. notes)
which you might useful:
here: http://legalbeagles.info/forums/show...-from-purchase

[Juliaforster]

Re: Faulty car

Ok. Today I have spoke with auto trader who have supplied me with a copy of the advertisement which says in black and white the car is in excellent condition, beautiful to drive, very responsive and drives like new. Also I have just looked at log book and it states the previous owner only acquired the vehicle on the 23/9/15 so he didn't have it long. Makes me wonder why he sold the car in such a short period of time. Would I be able to try contact this guy or not. Also would it be worth my while to pay for vehicle history report? Thanks in advance!

[R0b]

Re: Faulty car

Well he is in the business of selling vehicles so he wouldn't want to have the car hanging around for a while! if you have the advert then you can use that as evidence based on that description.

Why do you want to contact him, or why do you want to pay for a vehicle history report? Do you mean a HPI check? You've got the diagnostics report from the Citreon dealer which identifies the problems that is currently wrong with the vehicle. you've sent your letter before action, so the next step would be to issue your claim against him.
[MENTION=39331]ostell[/MENTION], again I don't disagree with your views I was merely pointing out that it could be an arguable defence, nobody needs to be qualified to "accept" the goods. Anyway I think we should park it and concentrate on the OPs issue

[Juliaforster]

Re: Faulty car

No, the previous owner being the last person to purchase the car only had it for a short time not the bloke who we bought it from. Obviously he is in the business of selling cars.

[R0b]

Re: Faulty car

So what are you now wanting to do? issue a claim or not?

[Juliaforster]

Re: Faulty car

I will be if he doesn't reply to the last letter before action. Don't have a clue how to prepare for taking it further so would appreciate any advice you can give me.

[ostell]

Re: Faulty car

You will need to register with Money Claim On Line to get your ID and Password. To use MCOL you need to register for Government Gateway.

Here's the MCOL web site. First paragraphs give guidance of what needs to be done. Start the process now so that you are ready.

[sunny41]

Re: Faulty car

I know that this an old post but what was the outcome with premier car sales as I'm now in a similar position.

[ostell]

Re: Faulty car

It would be helpful if you could start your own thread on the matter and with your own details so things do not get mixed up and wrong advice inadvertently given The OP hasn't come back and probably is unlikely to.