Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Firstly, hi to all -I'm new to the forum and hope to get some advice on a particular matter.
I bought a used car last Friday (22nd August) from what appeared to be a reputable (RMIF member) dealer about 200 miles from where I live. It was MOT'd by the on-site mechanics and I drove the 200 mile trip directly home -it was around 9.30pm by the time I got back. The next day afternoon I went out to the car and there was a puddle of fluid underneath the engine area. I opened the bonnet and the radiator expansion chamber (the bit the water goes in) was below the 'min.' level and it was evident that water was leaking from somewhere within the radiator.
I telephoned the dealer and spoke with the owner/manager and explained the issue. He said to have it repaired and he'd pay the bill, but when I spoke to a mechanic friend of mine the following day, he told me that other problems may arise because of this (warped head etc). Having not used the vehicle since, I then called the dealer and asked to speak with the manager again, but being a Sunday he wasn't around and so I informed the person on the other end that I wished to formally reject the vehicle (as advised by Trading Standards under SOGA) and to pass that on to the manager when he did speak with him. I also constructed a letter to that effect which I emailed straight away -it was the bank holiday weekend and I couldn't get to a Post Office- it was then sent via recorded delivery the first possible day, Tuesday (26th August). I today received a letter marked 'without prejudice' saying he was surprised at the content of my letter and me wanting to reject the vehicle, but after speaking his motor trade body he could confirm that he had complied with his obligations by offering a repair and therefore awaited a call from a garage of my choice regarding the repair.
Now, after less than 24 hours of ownership I don't want a repair, but a refund (being wary of the past/potential/other missed faults). I've tried my credit card company (which will be receiving a complaint from me via the Financial Ombudsman) but they say that because he's offered a remedy, then they can't do anything. Trading Standards say that by not offering a refund he is in effect not accepting my rejection of the vehicle and now it would be for a court to decide on whether or not I'd rejected the car and therefore the remedies available to me (repair, replacement or refund in the case of rejection; repair or replacement in the case of acceptance).
Once again, I'd only had the vehicle 24 hours and done no more than the num before miles directly home from the dealer before I alerted them to the fault; sent an email within 48hrs stating my rejection and then the same wording in a written letter by recorded mail at the earliest possible opportunity -how could it be seen that I had done anything but reject the vehicle?
Furthermore, because I was then without a vehicle, I had to transfer my insurance back so the faulty car is no longer covered. If anything were to happen to it, would I be responsible? (BTW it is off the road behind locked gated). A woman from Trading Standards said that once I'd received confirmation that the dealer had my letter of rejection, responsibility was over to him although a different woman said that wouldn't be the case. In addition to that, by the time his mechanics had finished MOT'ing the car when I first bought it, it was too late for him to go to the Post Office and get it taxed. As I'd paid for this as an extra, he wrote a cheque out to the Post Office and told me to do it back home. Obviously since noticing the fault, I haven't done anything -as I explained, the car is off the road and the DVLA said that because I'm 'rejecting' the vehicle they will take me off the V5 log record and put it back to the dealer, but if I have to move the car onto the street (we'll eventually need the space on the drive) and it is towed away, he would get the fine for it not being taxed, but as I'm still technically the legal owner (if not the registered keeper) then I no longer have the vehicle to return if he were to agree to a refund...
I have read and understood the SOGA and that he would have to prove that the vehicle was in sound condition, but I don' think he's going to comply. I wanted some help or advice on my next step. I am quite well versed with the Small Claims Court system as I use it for my work evry now and again, but I also know civil courts like the parties to have done everything possible and been reasonable up to that point. I will be sending him another letter of final request for refund before I have to take further action, but no doubt he'll brush this off as an empty threat. I've also arranged for a professional mechanic to assess the fault and put his expert opinion into writing.
(P.S. Where I've said 'Trading Standards', I've discovered that it is in fact Consumer Direct -an advice service that replaced the first and direct line of contact for consumers with Trading Standards. They themselves couldn't do anything but can pass it on to my local authority Trading Standards who "may or may not look into it"!)
Despite you arranging for a professional to inspect the car, you already appear to regard the result as a foregone conclusion judging by your actions so far.
You'rs is not the first car to have had a leaky radiator and despite what your mate says, cylinder heads don't warp everytime a radiator springs a leak. Why don't you get the thing repaired at the dealers expense (as he has offered) and get the repairing garage to check everything else while its there? Assuming everything is OK then you will end up with a car with a brand new radiator instead of a 3 year old one. Sounds like a good deal to me.
Also - why on earth are you complaining to the fos about your credit card company - they are a last resort option when negotiations between you and the supplier have broken down, and it doesn't exactly look like that stage has been reached yet (although you are going the right way about it IMO )
Dealer won't refund on faulty car
) and to pass that on to the manager when he did speak with him. I also constructed a letter to that effect which I emailed straight away -it was the bank holiday
weekend and I couldn't get to a Post Office- it was then sent via recorded delivery the first possible day, Tuesday (26th August). I today received a letter marked 'without prejudice
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Re: Dealer won't refund on faulty car
