Thread: Sale Of Goods Act - proposed response

In the matter of a finance company supplying an unsuitable (broke down 2 miles from location, around the time their office closed for the weekend) and overvalued (by around 3x) vehicle:

Under the Sale Of Goods Act 1979 (as amended) I am entitled to repair, replacement or refund. Repair evidently is not appropriate in this case. I am reliably informed that the approximate value of the vehicle as supplied in the condition as it appeared was £X/3, assuming no further mechanical faults, and not £X as stated on the HP agreement, therefore I cannot rely upon any valuation on a vehicle supplied by yourself, therefore excusing me from any requirement to accept a prescribed replacement.

In lieu of the £X/10 deposit and the termination of the agreement without penalty, I am prepared to do the work in sourcing a suitable vehicle to the value of £X locally (and therefore removing a Z-mile round trip from the equation), since evidently the finance has already been arranged. Under these circumstances, the remainder of any rebates and compensation shall still be payable. If this is not acceptable, then your only option shall be a full and complete refund, and my release from the agreement without penalty.

I am informed that you have made requirements for the vehicle to be collected from its current location. Once you have confirmed a full refund or that the finance will be available on a replacement vehicle, the keys shall be released to you.

(Further details attached)

The "further details" make it clear in no uncertain terms that the vehicle is being rejected as being unsatisfactory, unfit for purpose, and not as described, as well as reminding them that the burden of proof lies with them. Sound good as a start?

If anyone's interested, I may let you in on the mammoth notice that was drafted to make it absolutely clear that the goods are rejected.

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Originally Posted by daKlone

Just trying to be helpfull...I'd say it's got a lot of words but is not very clear. Try using shorter sentances. Surely the first thing to state is that you are rejecting the car, then the reasons, then what you would like to happen?

There's plenty to say the vehicle is rejected. I've removed the very first line, which contains too much identifiable information to be worth censoring, but starts off saying so. The attached note says it several times in bold. There should be no confusion on their end over the fact that the car is being rejected.

A few things aren't clear - Why is repair not appropriate? Who says the car is only worth £X/3? Are you asking to find your own vehicle using the existing finance?

These details I would rather not reveal publicly. Suffice it to say the vehicle broke down on the way home, and a closer inspection showed up damage that wasn't visible at first. Valuation based on comparable vehicles, and came from someone who happens to work at a local main dealership. If they refuse, then I guess the HP can be considered null and void due to the misstatement of the value of the underlying goods.