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second hand car issue

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  • #31
    Re: second hand car issue

    sure... here it is

    On 6th May, 2013 I purchased, and took delivery of, the above vehicle, Audi A3 from you. Three days after the purchase I realised there was a possible fault with the car, other than the one that was described to me prior to agreeing to buy the car (the starter motor) On 14th May, I discovered that it was not of satisfactory quality following a review of the car by a local garage. They confirmed the car had a faulty gearbox and gave a quote to repair and/or replace. You also later confirmed this fault following your own review of the car on 17th May.


    Section 14 of the Sale of Goods Act 1979 requires dealers to supply goods of satisfactory quality. However, the vehicle is clearly unroadworthy. You are therefore in breach of contract.


    I am legally entitled to reject the vehicle and to be reimbursed for its full purchase price of £1,600. I look forward to receiving your cheque for this sum within 14 days from the recorded date on which the letter was received. If this is not forthcoming within that period I will initiate a charge-back of the sum paid by Debit Card (£1,100) and commence a claim for the remainder outstanding (£500) and costs associated with its recovery, without any further notice.

    Yours sincerely,

    Comment


    • #32
      Re: second hand car issue

      Originally posted by labman View Post
      If the pm is what I suspect, I still have nightmares about it, but only need to go to counselling every other day now!
      Was it your Range Rover being raped? msl:

      Comment


      • #33
        Re: second hand car issue

        Cloggy is bang on the button,

        As far as the fault not being there when you brought it, the SOGA 1979 as amended has a number of implied terms, the vehicle is not fit for purpose, does not appear to be of satisfactory quality and therefore as has been pointed out, you are entitled to a repair, refund or replacement.

        If this gimp dont play ball, sue him in the small claims court and then send the Bailiffs in
        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Pt@roachpittis.co.uk .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

        Comment


        • #34
          Re: second hand car issue

          Originally posted by pt2537 View Post
          Cloggy is bang on the button,
          Why, thank you!

          If this gimp don't play ball, sue him in the small claims court and then send the Bailiffs in
          And delay reporting him to HMRC for VAT or other tax evasion until the spiv has paid up.

          Comment


          • #35
            Re: second hand car issue

            Sod getting on the wrong side of you two...

            Letter has been sent recorded delivery ... he should receive it in the morning at which time I am expecting a phone call from one very unimpressed "spiv" / "gimp" haha

            Comment


            • #36
              Re: second hand car issue

              Originally posted by pauldaggers View Post
              Letter has been sent recorded delivery ... he should receive it in the morning at which time I am expecting a phone call from one very unimpressed "spiv" / "gimp" haha
              You may wish to tell him that the call is being recorded - even if it isn't.

              You do not need to discuss anything with him. If he tells you that it was sold "as seen" and that you have no claim, just reply that his comment has been recorded and that he should not rely on that negating your rights under the Sale of Goods Act 1979.

              Comment


              • #37
                Re: second hand car issue

                If possible, do record the call - it is perfectly legal not to inform him if for personal use, or better in this case, tell him at the start of the conversation so it can then be shared with others without problems. Most landlines have speaker options, and most mobiles record conversations on a voice recorder (or try to download a timestamped voice recorder app if you can) very satisfactorily.

                Comment


                • #38
                  Re: second hand car issue

                  Ok so I have a call recorded now installed on my phone. Letter hasn't yet been signed for but should be soon....

                  I have just spoken with my bank (retail disputes dept) and they unfortunately advise me that since I took the car in the very 1st instance - despite not knowing about the fault the property is deemed mine and they wouldn't be able to go ahead with the chargeback.

                  The odd part is she says if I had paid for the car, and THEN discovered a fault before taking it away from the garage and then have the dealer refuse to reimburse me, only then could they initiate the charge-back.
                  She said as it stands it would be a legal matter - so unless he willing reimburses me (highly unlikely) then I will have to take him to court / trading standards for the full amount. BUMMER !!

                  Comment


                  • #39
                    Re: second hand car issue

                    take the moron to the small claims court.

                    Send him a letter of claim setting out the nature of the complaint and the remedy you require, and the deadline for him to provide this remedy.

                    If he refuses then slap him in court.
                    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                    If you need to contact me please email me on Pt@roachpittis.co.uk .

                    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                    You can also follow my blog on consumer credit here.

                    Comment


                    • #40
                      Re: second hand car issue

                      Originally posted by pauldaggers View Post
                      I have just spoken with my bank (retail disputes dept) and they unfortunately advise me that since I took the car in the very 1st instance - despite not knowing about the fault the property is deemed mine and they wouldn't be able to go ahead with the chargeback.
                      As you have rejected the vehicle for being unroadworthy, it isn't your property, there is a clear breach of contract and they're just being awkward for no better reason than that they can.

                      Please see the attached Visa fact sheet.
                      Attached Files

                      Comment


                      • #41
                        Re: second hand car issue

                        Originally posted by pt2537 View Post
                        slap him in court.
                        Is smacking often permitted?

                        Comment


                        • #42
                          Re: second hand car issue

                          ALL QUIET ON THE WESTERN FRONT ..... Imagine he's either considering a response to the letter or has chucked it straight in the shredder! Think I may have given him too much time to refund (14 days)

                          Comment


                          • #43
                            Re: second hand car issue

                            Originally posted by pauldaggers View Post
                            ALL QUIET ON THE WESTERN FRONT ..... Imagine he's either considering a response to the letter or has chucked it straight in the shredder! Think I may have given him too much time to refund (14 days)
                            no, you must give him a reasonable time to reply, and the general guide is 14 days for letters before legal action
                            I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                            If you need to contact me please email me on Pt@roachpittis.co.uk .

                            I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                            You can also follow my blog on consumer credit here.

                            Comment


                            • #44
                              Re: second hand car issue

                              ah ok, fair enough... my intention isn't to be unreasonable.

                              Thanks a lot

                              Comment


                              • #45
                                Re: second hand car issue

                                Originally posted by pt2537 View Post
                                no, you must give him a reasonable time to reply, and the general guide is 14 days for letters before legal action
                                Should he have returned the jalopy to whence it came?

                                Comment

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