second hand car issue

[labman]

Re: second hand car issue

Should he have returned the jalopy to whence it came?

Yes! As per this article:

http://www.honestjohn.co.uk/faq/consumer-rights/

[pauldaggers]

Re: second hand car issue

Thanks for that guys.

Chap has had 3 opportunities to rectify the fault and whilst willing to do so, it was only at my cost 100%.

I will be sure to drive the 'jalopy' round to him 1st thing tomorrow.

Cheers

[CleverClogs]

Re: second hand car issue

I will be sure to drive the 'jalopy' round to him 1st thing tomorrow.

With big signs in the windows saying "This car is CRAP" ?

[pauldaggers]

Re: second hand car issue

I've just spoken to DVLA who advise logbook was sent to me 20-May.
I told them the situation and they told me to send back section 9 taking the vehicle out of my name.

I can then take the car back to him with all the paperwork as it says on the 'honestjohn' site.

My real concern after I have taken the car to him, assuming he isn't going to play ball, is that he 'refuses to accept' the car back and doesn't write me a reciept saying he now has it back in his possesion.
Do you think it is vital I get this or not?

[labman]

Re: second hand car issue

If he doesn't accept the car back and refuses to issue a receipt have the number of Trading Standards with you and phone them from the premises to ask for advice. I'm unsure if you would be able to call the police for this.

[pauldaggers]

Re: second hand car issue

Thanks a lot Labman, I'll make sure I have their number saved as speed dial.

[pauldaggers]

Re: second hand car issue

I spoke with Citizen's advice this morning - needed some clarification on taking the car back to him and what happens should he refuse to accept. A couple of things the woman pointed out to me on the phone were:

* When rejecting a car for the reason I am - it should really be done "very quickly" i.e literally a few days. Although the time it has taken me to inform I'm rejecting shouldn't cause too much issue

* He doesn't have to accept my rejection.

* Considering the amount of miles the car has done he could argue that the fault is down to wear and tear although he would have to prove it's down to that and not a mechanical fault. She said that if it is wear and tear then I don't really have a defence since it would be expected that another fault other than that 1 described to me in advance could occur due to the high mileage.

* Says I can't just take the car back to him at this stage, I need to await a reply from him to my letter. If no reply is forthcoming I take things from there.

On a plus point she says it was a criminal offence for him to right bought as seen as he was doing that to try and take away my rights. She will be notifying trading standards of it

[CleverClogs]

Re: second hand car issue

On a plus point she says it was a criminal offence for him to right bought as seen as he was doing that to try and take away my rights. She will be notifying trading standards of it

It certainly would have been a criminal offence contrary to the Consumer Transactions (Restrictions on Statements) Order 1978, but I had an idea that it had been repealed.

[labman]

Re: second hand car issue

I hope she explained a bit more than that. One point is partially correct, the rest is questionable. To be sure, why not phone Trading Standards, though SOGA seems pretty clear.

[labman]

Re: second hand car issue

It certainly would have been a criminal offence contrary to the Consumer Transactions (Restrictions on Statements) Order 1978, but I had an idea that it had been repealed.

Replaced by the Enterprise Act in 2002 I believe.

[pauldaggers]

Re: second hand car issue

I actually called Trading Standards to start with tbh and 30 seconds in to me telling the story she said "I'll transfer you to citizen's advice" and was gone at the speed of light...

C.A. did explain the rationale behind her statements a little bit but not in tremendous detail.

Did make it clear though that I had to sit tight and await a response to my letter before I could / should do anything else.

[labman]

Re: second hand car issue

My error sorry. I'd forgotten we are now in the dangerous situation of CAB fielding what should and should not go forwards to Trading Standards.

As someone who was investigated over the course of two days by Trading Standards and found to be 100% faultless, but TS offered to take action against CAB for their appalling behaviour, I find this a little disconcerting to say the least.

[CleverClogs]

Re: second hand car issue

Replaced by the Enterprise Act in 2002 I believe.

Under which the culprit may be told they had been quite naughty and must not do it again.

They'd not even need to stand on The Naughty Step.

[CleverClogs]

Re: second hand car issue

My error sorry. I'd forgotten we are now in the dangerous situation of CAB fielding what should and should not go forwards to Trading Standards.

As someone who was investigated over the course of two days by Trading Standards and found to be 100% faultless, but TS offered to take action against CAB for their appalling behaviour, I find this a little disconcerting to say the least.

I agree, not least of which because some CAB advisers have been known to recommend paying RLP invoices.