OK so this is getting a bit silly...
Discussion
Hello all,
Some of you may remember that I've been having some aggro with a car I bought from a dealer last month (thread here: http://tinyurl.com/38du8rk). To sum up, the headlamps don't work properly due to not self-leveling (an MOT requirement) and the car is too dangerous to drive in the dark. I phoned the guy and he has agreed to fix the lamps.
However...
This has been going on for a month and a bit now, with him saying he can't find the part. I suggested that I bring the car back to him for a refund because it isn't fit for purpose, to which he had replied 'I don't buy back cars'. He has offered to take it back IF I take something else from him, but he doesn't have anything in stock that I want (or can afford to be honest).
What are my rights here? How long is reasonable for him to have to fix the issue?
Thanks in advance!
FF
Some of you may remember that I've been having some aggro with a car I bought from a dealer last month (thread here: http://tinyurl.com/38du8rk). To sum up, the headlamps don't work properly due to not self-leveling (an MOT requirement) and the car is too dangerous to drive in the dark. I phoned the guy and he has agreed to fix the lamps.
However...
This has been going on for a month and a bit now, with him saying he can't find the part. I suggested that I bring the car back to him for a refund because it isn't fit for purpose, to which he had replied 'I don't buy back cars'. He has offered to take it back IF I take something else from him, but he doesn't have anything in stock that I want (or can afford to be honest).
What are my rights here? How long is reasonable for him to have to fix the issue?
Thanks in advance!
FF
If you read up on the sale of goods act I think you will find you have to give them a reasonable opportunity to fix the problem, which it sounds like you have done. If it is not fixed or fit for purpose then you are entitled to a refund.
I had a similar issue earlier this year and gave the garage three chances to fix it without success so they agreed to a full refund.
I had a similar issue earlier this year and gave the garage three chances to fix it without success so they agreed to a full refund.
I'll push for a refund but he seems to be hitting me all kinds of random ideas like:
I only have a 28 day warranty for engine and gearbox and the lights are his good grace
I can swap the car for something else from him
I can be sent the parts and fix it myself
How do I proceed do you think?
I only have a 28 day warranty for engine and gearbox and the lights are his good grace
I can swap the car for something else from him
I can be sent the parts and fix it myself
How do I proceed do you think?
On the case right away, go to Trading Standards.
A car must be roadworthy for you to drive it and the lack of self-levelling (I assume Hid lights?) means it isn't. Which means you're (technically) committing an offence if you use it - a car you can't use legally is pretty clearly not fit for purpose!
Assuming the lights were like that when he sold it, he's actually committed a criminal offence by selling it. It's a fairly obscure one so Police won't be interested but there is case law out there to establish that the fact the car has an MOT is not enough - it must be roadworthy at the time of sale (possibly hard to prove depending on the reason for the fault).
There's also the potential problem, if it was a new MOT at sale, that someone's failed to inspect it properly. In which case if the MOT is less than 28 (working, I believe?) days ago, contact VOSA. Whoever tests for him (probably at a reduced rate) may not be too happy being dropped in the sh*t because of his attitude.
A car must be roadworthy for you to drive it and the lack of self-levelling (I assume Hid lights?) means it isn't. Which means you're (technically) committing an offence if you use it - a car you can't use legally is pretty clearly not fit for purpose!
Assuming the lights were like that when he sold it, he's actually committed a criminal offence by selling it. It's a fairly obscure one so Police won't be interested but there is case law out there to establish that the fact the car has an MOT is not enough - it must be roadworthy at the time of sale (possibly hard to prove depending on the reason for the fault).
There's also the potential problem, if it was a new MOT at sale, that someone's failed to inspect it properly. In which case if the MOT is less than 28 (working, I believe?) days ago, contact VOSA. Whoever tests for him (probably at a reduced rate) may not be too happy being dropped in the sh*t because of his attitude.
Any form of levelling, be it automatic or manual is not a requirement of the MOT, so persuing an MOT appeal through VOSA will not be productive. The only MOT requirements for headlamps are that they work, are clean and are aimed correctly on a static check. Automatic self levelling is a requirement for xenon headlamps either through the type approval process or the construction and use regulations.
Have a read of this and quote the bits you need: http://www.honestjohn.co.uk/faq/consumer-rights
The gearbox packed in on my A3 about 4 months into my ownership. I had to do my research but in the end the Sale of Goods Act really saved my bacon (and the best part of £1000). Your dealer doesn't have a leg to stand on.
Put it all in writing and give them a deadline to
1. Fix the problem
2. or give you a full refund.
If they don't do either take it to trading standards.
The gearbox packed in on my A3 about 4 months into my ownership. I had to do my research but in the end the Sale of Goods Act really saved my bacon (and the best part of £1000). Your dealer doesn't have a leg to stand on.
Put it all in writing and give them a deadline to
1. Fix the problem
2. or give you a full refund.
If they don't do either take it to trading standards.
Hello all,
Really (really) sorry to dig this back up, but this is where I am:
The car has been back with the dealer for a week. He says the headlamps are now aimed at the right level, but that the light is still on the dash.
This isn't acceptable to me but has he done his bit? What shall I do?
Many thanks in advance for your help!
Really (really) sorry to dig this back up, but this is where I am:
The car has been back with the dealer for a week. He says the headlamps are now aimed at the right level, but that the light is still on the dash.
This isn't acceptable to me but has he done his bit? What shall I do?
Many thanks in advance for your help!
Its not quite as easy as some people on here telling you to quote SOGA and get your money back.
Its a long process and its going to cost you a lot of time, aggro and some money along the way to take him to court, and the outcome is not guaranteed, and it will take months. And he knows this.
If he has offered to source you another car and take it back it may be easier than forcing him to fix it. But if you like the car wouldnt you rather keep it and put up with the warning light on the dash?
Its an old car, and its not as major a fault as you seem to be making it out to be.
Its quite an exaggeration to say its undriveable / unroadworthy.
Its a long process and its going to cost you a lot of time, aggro and some money along the way to take him to court, and the outcome is not guaranteed, and it will take months. And he knows this.
If he has offered to source you another car and take it back it may be easier than forcing him to fix it. But if you like the car wouldnt you rather keep it and put up with the warning light on the dash?
Its an old car, and its not as major a fault as you seem to be making it out to be.
Its quite an exaggeration to say its undriveable / unroadworthy.
Were you sold a legal assistance helpline with your car or house insurance? Call them and run through the details. They will hopefully give you the wording along the lines of "if the car is not repaired within 7 days then you will reject it and expect a full refund PLUS all your consequential costs (admin fees for cancelling insurance etc)". Have you been given a loan car? You should have been.
Sounds like he's giving you the runaround and you haven't actually formally put your complaints in writing.
Don't stop talking, but put the complaint and your expected remedy in writing once you've talked to the legal assistance people and actually know your rights
Sounds like he's giving you the runaround and you haven't actually formally put your complaints in writing.
Don't stop talking, but put the complaint and your expected remedy in writing once you've talked to the legal assistance people and actually know your rights
oldcynic said:
Were you sold a legal assistance helpline with your car or house insurance? Call them and run through the details. They will hopefully give you the wording along the lines of "if the car is not repaired within 7 days then you will reject it and expect a full refund PLUS all your consequential costs (admin fees for cancelling insurance etc)". Have you been given a loan car? You should have been.
Sounds like he's giving you the runaround and you haven't actually formally put your complaints in writing.
Don't stop talking, but put the complaint and your expected remedy in writing once you've talked to the legal assistance people and actually know your rights
See my post above, if the guy wont help any further, then none of the above makes any difference, he's not going to suddenly turn round and say ok here's all your money back. Its a long process to actually make it happen.Sounds like he's giving you the runaround and you haven't actually formally put your complaints in writing.
Don't stop talking, but put the complaint and your expected remedy in writing once you've talked to the legal assistance people and actually know your rights
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