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.
Well he doesn't know what he is talking about, or he does and is deliberately trying it on.
Go here - MOT Information - Introduction - and check the MoT, (it's free), and any advisory that might have been with it and not given to you.
If you have the V5 with the previous owner on it, then give hime a ring and ask him about the mileage and service history.
Then, if you have decided that you no longer want this car, list 'all' the faults and all the misinformation that was given to you and then say you are rejecting the car under the sale of goods act and either post it recorded delivery or, better still, take it to the dealer and get a receipt of delivery.
Rejection must be done in writting, a phone call has no legal standing.
Trading Standards wants your help
Dubious website businesses Conterfeit alcohol and cigarettes Illegal sales of alcohol, tobacco, knives & fireworks to children Cowboy builders or tradesmen Car clockers Counterfeiters Aggressive selling
Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
_________________________ ________________ _________________________ ___________________
Well he doesn't know what he is talking about, or he does and is deliberately trying it on.
Go here - MOT Information - Introduction - and check the MoT, (it's free), and any advisory that might have been with it and not given to you.
If you have the V5 with the previous owner on it, then give hime a ring and ask him about the mileage and service history.
Then, if you have decided that you no longer want this car, list 'all' the faults and all the misinformation that was given to you and then say you are rejecting the car under the sale of goods act and either post it recorded delivery or, better still, take it to the dealer and get a receipt of delivery.
Rejection must be done in writting, a phone call has no legal standing.
Thanks for your help
The advisory notice just states that one of the tyres was close to the legal limit. I reckon that since the car has now done over 2000 miles since it will now be under the limit.
To be honest something smells fishy about the whole deal & I would rather call it off. what can I do now?
Well that will just end up in you being arrrested so be sensible and wait for someone who is experienced in this area to come along, people here are voluntary, so it might take a while.
Lula
Lula v Abbey - Settled Lula v Abbey (2) - Settled Lula v Abbey (3) - Stayed
The secret is to remain calm and definately not become abusive.
The little things can get things done ie; if he repeats that he is not willing to do anything, then a very calm "so you are saying I have to go to Trading Standards", can often have more effect than a baseball bat.
You can go to any MoT station and just get the handbrake checked on the rollers, that won't cost much, but it will give you a written report that he has sold a car in a dangerous and, therefore, illegal condition, or put your mind at rest.
Trading Standards wants your help
Dubious website businesses Conterfeit alcohol and cigarettes Illegal sales of alcohol, tobacco, knives & fireworks to children Cowboy builders or tradesmen Car clockers Counterfeiters Aggressive selling
Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
_________________________ ________________ _________________________ ___________________
You can reject the car if breaches one of the implied terms of SOGA. In this case you would need to show that it wasn't as described or that it is not of satisfactory quality.
In showing that it wasn't as described you would need a written description. Do you have tha advert for example?
The other thing to bear in mind is that not everything that was said about the car would constitute a sale by description. For example, if the ad said it did 150 mph, but you have discovered it does only 120, then you wouldn't be able to reject because of that. The description is that which identifies the goods, the mph figure is one of its capabilities. So the description in this case may be make, model, (miles done may not form part of the description in this context)
Other statements such as mph as above, or indeed length of MOT, if written in an advert may then become contractual terms and a breach of these would entitle you to damages (not rejection). So for the shortened MOT you would be entitled to the difference these 2 months would have made to the price paid (if any). Same applies to any other descriptions that are contractual terms.
Lastly if the description was verbal, then you may want to argue misrepresentation, but this is harder to prove.
The quality of the car is tricky. Section 14 of SOGA (satisfactory quality) applies to new goods and when considering second hand goods one must take into account the price paid, age, condition etc. One cannot expect the same level of quality as with new. Furthermore, S14 says goods should be free from minor defects so the handbrake may well be a minor defect, given the age and condition of the car.
MOTs are only good for the day they are done on and just because it wouldn't pass now does not make the MOT invalid, nor indeed does it mean that the car in unsafe and therefore another breach of S14.
I think the dealer is entitled to wash his hands of it, legally speaking, but is certainly not good customer service.
I don't think you can reject it based on the issues reported, but if you want to try you should put the rejection in writing and stop using the car.
Did you pay by credit card? If so you could complain to the CC co, but unless you can show a breach of the implied terms of SOGA or a breach of contract generally, then there may be no success here either.
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Originally Posted by citizenkain
