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.
I have recently (November 21st) purchased a 7 year old Skoda Fabia. I had problems with the car from the outset, with an engine warning light coming on whilst driving home from the dealers I bought it from (about a 60 mile journey). This light went away (although I reported it to the garage) and my local Skoda dealer assured me there was nothing to worry about.
A few days later, when I'd owned the car for less than 2 weeks, the remote central locking stopped working. I took the car to my local dealer (with permission from the company I bought it from) to have the keys re-coded. I was informed here that the Convenience Control Unit was on its way out, and may need replacing. The car couldn't be re-coded at this point, and after a software update at the dealers they managed to re-code them a week later. However, only a couple of hours later, the whole locking system on the car decided it would no longer work!
I took this back to the dealer that sold the car, at their request, to have it repaired under warranty. After the dealer had the car for 4 WEEKS, they told me the repairs may be over the £300 warranty limit, and that I would be liable for this. They had to give the car to their local Skoda garage, who in turn had trouble finding the problem...running up labour costs while they tried.
The dealer that sold the car, had also replaced 2 door locks before I picked up the car, and then all 4 needed replacing when I took it back. This leads me to believe that there was an inherent fault with the car when I picked it up. They refuse to acknowledge any faults when I picked it up because my problem didn't develop until a couple weeks later! They have said that the Convenience Control Unit may be to blame for the 4 locks failing, caused by an electrical spike, bet also refuse to accept this is their problem.
To cut a longer story short, they have now asked me for £538 to cover the repairs, a figure which I never authorised them to run up, and I was certainly never informed of until it was due. They have left me with no car, and what I believe is an unreasonable bill. I have requested a full refund under the Sale Of Goods Act, as I believe the fault was there when the car was sold, but was met with a blunt refusal. I have submitted my request in writing (after consulting Consumer Direct), and am wating for a response.
Does anybody have any advice on what my next step should be? Is there any way I can get the car back without paying the extortionate fee while I wait for a resolution? Have they done anything wrong with not informing me of what the costs were likely to be before carrying out the repairs? Their warranty document says I will be liable for the excess on any repairs, but I think morally at least they should have cleared this with me.
Any advice will be gratefully received. If you need any more info I may have left out please ask, I've tried to be as brief as possible!!
My advice would be to tell the dealer to keep the car and refund you the full purchase price.
Under the SGA(sale of goods act) the car has to be fit for the purpose for which it has been sold, and since you have had it for such a short time and it has required so much work done it is clearly not fit.
They cannot refuse this and if they try then immediately get on to your local trading standards.
With regards to the fault being there - as it is within the first 6 months of purchase it is upto the garage to prove that the goods were fit, rather than you to prove they weren't
Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.
If my advice or information has assisted you in any way - please click my scales.
thanks
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Advice Needed - Used Car Problems
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