** WON ** car dealer giving me the runaround - 30 day right to reject

[mzbl00]

Re: car dealer giving me the runaround - 30 day right to reject - please help!

yes theyre saying well the engine was fine on the day he sold it to me...

aka: "it is established that the goods did conform to the contract on that day"

[mzbl00]

Re: car dealer giving me the runaround - 30 day right to reject - please help!

On an aside you can run an engine which has been holed by a con rod.
54 years ago friends and I drove a 1932 Morris 8 to Rome.
We threw a con rod through the side of engine.
Pot mender (bolt and 2 metal plates), weight crankshaft and we drove home (as far as Calais) on three pistons.

I am sure its possible as the car engine didnt stop until we stopped it as oil light was flashing

That said, the engine has completly seized and the conrod and i assume bits of engine have jammed up the crankshaft
Took the sump off last night and there was loads of bit of piston and sheet metal in it

Might have been the way in those days but is not now....

[des8]

Re: car dealer giving me the runaround - 30 day right to reject - please help!

Sorry for dropping out of conversation... had to go out.

The solicitors are deliberately throwing up misinterpretations of the act.

To say the vehicle drove all right on the day of sale and therefore there was no fault is to beg the question.
Any fault showing up in the first six months is deemed to have that fault at time of sale unless the seller can demonstrate otherwise.

Whilst you need to be seen to try and sort the situation, I would suggest a Letter before Action.
They will continue to try and confuse you.
Keep to the facts.. don't enter their game of interpreting the law.
You bought a car.... it developed a fault.... you rejected car and require refund..... they dispute this so we go to court.

[mzbl00]

Re: car dealer giving me the runaround - 30 day right to reject - please help!

already have done a letter before action a month ago...

- - - Updated - - -

dealer refused to have the car back, am doing a report anyway, hopefully this sway them to pay up, if not it goes in as more evidence for my court docs.

i just want to do all the due diligence i can and cover all bases before i go ahead. This has been ridiculously stressful and am currently 5 weeks pregnant and i just dont need this.

[des8]

Re: car dealer giving me the runaround - 30 day right to reject - please help!

Didn't realise you'd already written an LBA.

In that case, if you are determined to send an unnecessary report, include a note saying they have 5 working days to forward the refund before you initiate court proceedings.
If you send the report it just gives them something else to rake over and in which find inconsistencies.
The faults are there plain to see.... it is for them to prove they were not there at time of sale.

[mzbl00]

Re: car dealer giving me the runaround - 30 day right to reject - please help!

any serious suggestions of fixed price solicitors who deal with motoring small claims ( and know what theyre talking about ) would be very useful.

ive spoken to a few firms and forked out fixed price sums ( now into the tune of 200 ) and their advice has been quite varying, although every one of them has told me the onus is on me to prove that there was a fault on the day of sale...

add to that citizens advice on phone and in person, home legal helpline ( cannot represent only advise ), independent assessors and many hours of my own research i am now even more steressed to find that despire everything im reading im heading down the wrong track!!!!!!


I dont think i can honestly take much more of the stress quite frankly!

[des8]

Re: car dealer giving me the runaround - 30 day right to reject - please help!

We don't recommend particular solicitors, but you could look at our comparison site http://lbcompare.co.uk/

I'm afraid that the Consumer Rights Act is still so new that even lawyers don't seem to know what rights consumers have.
All i can say is that we have helped a number of people successfully resolve problems with car dealers

[des8]

Re: car dealer giving me the runaround - 30 day right to reject - please help!

Been doing lots of reading and chatting to other Beagles and must admit that technically it seems you do have to prove problem existed when you purchased vehicle.
However this seems to have been a blip in drafting the legislation, and we haven't had anybody have problems with it.
Also the dealer has refused to repair the vehicle (unless you pay for it) so possibly you could exercise your final right to reject the vehicle now, after the thirty day period. and that throws the ball right back into their court.

[ostell]

Re: car dealer giving me the runaround - 30 day right to reject - please help!

In his first post he stated that the problem was reported to the seller within the first 30 days, though not in writing, and therefore that absolute right to reject. The clause that seems to be giving problems is can the dealer show that there was not a problem when they sold the car, a part wearing or defective? I doubt it, and therefore the assumption that a defect must have been present must be allowed, as provided in the act.

[des8]

Re: car dealer giving me the runaround - 30 day right to reject - please help!

Hi Ostell
, to prevent clogging this thread with a discussion on who proves what when I opened a new thread: http://legalbeagles.info/forums/show...667#post675667 Your input welcomed.

[mzbl00]

Re: car dealer giving me the runaround - 30 day right to reject - please help!

Well i am glad thats all sorted in the end...

and im afraid i did report to seller in writing within the first 30 days. And i do want a refund, i dont trust the car anymore.

In his first post he stated that the problem was reported to the seller within the first 30 days, though not in writing, and therefore that absolute right to reject. The clause that seems to be giving problems is can the dealer show that there was not a problem when they sold the car, a part wearing or defective? I doubt it, and therefore the assumption that a defect must have been present must be allowed, as provided in the act.

Incorrect. the onus is on me

[des8]

Re: car dealer giving me the runaround - 30 day right to reject - please help!

At the moment some of us are of that opinion, bu it is so bizarre we think it must be wrong.

Anyway, when you eventually spoke to the dealer he said the best he could do was to offer a reduced price repair.
IMO this then gives you the final right to reject.
This then puts the onus of proof back onto the dealer.

My reasoning is based on section 23.3 and section 24.
This would allow a deduction to be made for the usage obtained from the vehicle (minimal I should think), but may be countered by claiming for the costs of earlier repairs.

[mzbl00]

Re: car dealer giving me the runaround - 30 day right to reject - please help!

the offer was only made verbally - does this make a difference?

i think i need to get help from a specialist solicitor

[des8]

Re: car dealer giving me the runaround - 30 day right to reject - please help!

No, although he may try to deny it.

[mzbl00]

Re: car dealer giving me the runaround - 30 day right to reject - please help!

i asked the dealer via the solicitors wether he would like to settle the claim or take my offer of giving him back the car and i cover the costs of recovery and i got this:


It does not accept the purported rejection.

You may wish to consider the Practice Direction in respect of Pre Action Conduct before you issue.

Please serve our client direct, if appropriate.

---

Now regarding Pre action conduct
* i have offered 3 times the above settlement, only just now got a response
* i have asked twice about ADR and wether he is a member of an ASR - no response

What else do i need to do?