Thread: No Warranty Problem

Trading standards perhaps?

Needless to say, not really acceptable - according to SOGA, goods have to be fit for purpose and durable - warranty or not.

You unfortunately however cant have the best of both worlds. If you want a refund, you have to stop using the car, simple as that - you need to formally reject it under SOGA as unfit for purpose. You may also have to take this to court ultimately.

Please can you post up here a copy of the letter you plan to send to them, BEFORE, sending it - minus confidential information.

Who is the dealer? Is it a company?

I'll see if I can help when you post that.

Sorry for slow reply, have been attempting to arrange alternative transport.

here is the letter i intend to send, im no letter writer and would appreciate feedback.

The Owner
Welwyn Car Centre
Tewin Road
Welwyn Garden City
Hertfordshire
AL7 1BD

Dear Sir/Madam

REF: Renault Megane Reg No. ******
On 12th September 2009, I purchased the above car from you, for £1,400. I have had the car for 24 days, and it has now developed a serious defect with the gearbox.
I understand from another mechanic that this fault is not as a result of wear and tear or misuse by me during the time that I have had the car, but was present at the time you sold it to me.

The Sale of Goods Act 1979 (as amended) means that I am entitled to expect the car to be of a satisfactory quality, durable and fit for purpose, having regard for the price paid. It is unreasonable for a car of this price to have a major fault so soon after purchase, and consider you to be in breach of contract.
As you should be aware I reported these concerns to yourselves by telephone on the 5th October 2009 to try and resolve the issue informally, but your response leaves me no option other than to formally reject the vehicle under the Sale of Goods Act and request a full refund.

I have ceased using the above vehicle as of 5th October 2009 and wish to state the current millage for your records is xxxxxx.
The vehicle in question will be available for collection by yourselves, at your cost from the above address by appointment when a full refund is received, and I would like the matter resolved within 14 days of the date of this letter.

I should also make you aware that as 14 days is widely considered as an adequate time for you to make these arrangements, that any delay beyond this time may incur extra cost to yourselves due to inconvenience caused to myself, for example hire of an alternative vehicle.
Yours faithfully

Edit it and remove personal details such as vehicle registration.

Make it clearer, use paragraphs, space it out.

And look through the receipt, which you must have. You haven't answered all my questions. Who is the company? Is it Limited or an individual? If an individual, details are needed, if Limited also!

I wouldnt refer to it as "I feel" - there is no subjection here, merely fact.

Would mention "durable" and "fit for purpose".

State that you are "formally" rejecting "under the Sale of Goods Act".

Originally Posted by legalpickle

Edit it and remove personal details such as vehicle registration.

Make it clearer, use paragraphs, space it out.

And look through the receipt, which you must have. You haven't answered all my questions. Who is the company? Is it Limited or an individual? If an individual, details are needed, if Limited also!

Ok ammendments made, appologies for the half a job, it was getting late last night and i only really had time to get the letter written.

The company in question is "Welwyn Car Centre, Tewin Road, Welwyn Garden City, Hertfordshire, AL7 1BD"
I have had a look on companys house web site and cant find them listed as a Ltd Company, so im assuming a sole trader mabye ?

Originally Posted by MrShed

I wouldnt refer to it as "I feel" - there is no subjection here, merely fact.

Would mention "durable" and "fit for purpose".

State that you are "formally" rejecting "under the Sale of Goods Act".

Done, now hopefully sounding a little better.

Originally Posted by mrlucky

Any comments on the letter as it stands now ?

Yeah, loads, but before anything's done you need to know the legal name.

Just because you can't find a "Welwyn Car Centre" on Companies House doesn't mean they're not a Limited company. They could be anything ltd t/a Welwyn Car Centre.

But you need to know what the exact legal status is before you send them a lba.

"The Owner" is not the correct way of addressing them. For example, it could be: Annoying Con Artist t/a Welwyn Car Centre or Mr. John Smith t/a Welwyn Car Centre.

Assuming anything could be VERY costly, as if they claim they're not the name on the claim form and you've issued it's VERY possible you'll get costs awarded against you.

Don't you have an invoice or something? Or doesn't the logbook have details?

You NEED this information to move forward!!!

Originally Posted by heliosuk

Didn't think costs were awarded for claims less than £5K in the small claims court????????

It's not the "small claims court" as such. There is no separate court for small claims. It is the "small claims track" within the county court.

1. Not all claims below £5k go on the small claims track.
2. Even if it is on the small claims track, if a party acts unreasonably, like issues a claim against the wrong company, costs can be awarded in accordance with CPR 27.14[2][g]

Originally Posted by heliosuk

I also take it that on the receipt there is no mention that it is considered a "trade sale"?

It doesn't make an ounce of difference. You need to know who you're suing before you do!

Originally Posted by mrlucky

Forgive my ignorance in these matters.

the invoice only says "Welwyn Car Centre" and the log book is in the previous owners name.

I will call them tommorrow and ask.

That's illegal - not to specify the full trading details on an invoice.

Don't call them just like that, they'll probably avoid you. Try to get somebody to visit them and demonstrate some interest in a car they're selling and then get the details.