Car Problems

[GFP]

Re: Car Problems

Many thanks for alerting me to this GFP and for all the detail in your post. I take your point about rejecting the goods and cost of vehicle inspection.

I am about to knuckle down and draft my letter to my car dealing friend. To prove how reasonable I am I feel I have to allow them the chance to offer repair. Question is - if I do offer chance of repair can I (or should I) specify conditions to this (e.g. at a car repair centre of my choosing). What I don't want is this guy saying he'll repair it and then botch it or get a mate to botch it. I do not trust him.

Not sure if 'replacement' is a good proposition as I do not fancy him offering me another vehicle really.

The other thing that plays on my mind is that in the ebay classified it says "we have covered over 100 miles in it since taking it in PX" Now if he has been driving that car around for one hundred miles with a defective coolant system then what other damage could this have caused?

Anyway I will post my draft letter on here and will greatly appreciate any feedback received.

Yeah in a way it sucks that you have to prove if you want to REJECT but its also good that basically anything is their responsibility to prove was not a fault at the time of the sale for 6 months.

We followed Trading Standards but our fault didn't develop for almost 3 months whereas yours is 1 week so no question over a 'reasonable period'.
The flowchart (page 26) asks
Has the consumer accepted the vehicle, for example because the ‘reasonable time’ for examining the vehicle has passed?
I think you can probably say NO because the fault developed in 1 week BUT the burden of proof is with you! However ... given this happened so soon I think you might get away with a simpler read cheaper) solution (non RAC/AA expert).

The solution in the flowchart is

If repair and replacement are impossible or disproportionate, or if the dealer fails to act in reasonable time and without causing significant inconvenience: full or partial refund.
The consumer can request a partial or full refund depending on what is reasonable in the circumstances. It may be that a full refund is not reasonable because the consumer will have used the vehicle for some time before the problem appeared.



The problem of course being you don't want some halfwit saying they fixed it....taking it back...finding it damaged the engine...starting the whole process again!

From your original post
"Sorry to hear of your problems with the car. As you are aware this was a px vehicle and was sold to you as such at trade in value. You were free to make any inspection you wanted before committing to buying the vehicle. In fact you took the vehicle out for about a 15 minute run and I also told you I had never lifted the bonnet on this particular vehicle. No warranty was given or implied in the slightest and this would not be possible at the price you paid. There are no legal obligations that affect this matter I'm afraid. These problems have surfaced during your ownership and whilst unfortunate there is nothing I can do."

They admitted they never lifted the bonnet!
Hence they have admitted not following the minimum guidelines or even knowing the car was safe.
Perhaps that is a better track to follow.

You might try and see what else they will put in writing!

[bluebottle]

Re: Car Problems

Pity VOSA can't give this toerag a kicking, even though he thoroughly deserves one. Seems like it's back to Trading Standards. It may well come to be that you will have to pursue this toerag through the Small Claims Court.

[GFP]

Re: Car Problems

Pity VOSA can't give this toerag a kicking, even though he thoroughly deserves one. Seems like it's back to Trading Standards. It may well come to be that you will have to pursue this toerag through the Small Claims Court.

Or more importantly act as if you will have to persue through the small claims track because if you do they might cave in earlier and save you the hassle and time. If you don't however then they have no incentive to pay-up. The more professionally you treat this the higher the chance that you don't need to go through the long rigmarole of small claims..... I found out to my cost (time and hassle not money) that hoping you won't go to court and they will see the light is directly related to how threatened they feel and the risks of going to court.

In other words ... Treat it like you will go to court and hopefully you won't need to but be 'nice' and they will feel like they can just push you around. Anything you get in writing that is illegal as opposed to breach of contract is in your favour in their reluctance to go to court and hence save you the long hassle associated.

[GFP]

Re: Car Problems

Any update Mr. Biightside?