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.
We purchased a second hand Mercedes A Class, 51/2001, 40k miles, from a used car dealer on the 11/12/06 for £4600 – the book price for a good car from a franchise dealer was £4550 – we didn’t mind the nominal extra as we believed this was a quality car.
Immediately after picking the vehicle up we noticed the following faults;
The engine management light was on – and the car began to start badly
-diagnosed as a faulty combined Air flow and ECU unit
The interior light intermittently turn on whilst driving (a big issue at nights as it causes restriction in external visibility).
-diagnosed as a likely fault with a door switch
The alarm goes off at random times for no reason, we have to leave the door open to stop this!
-diagnosed as a likely symptom of point 2
After driving for around 15minutes a loud squealing comes from the front of the vehicle
-diagnosed as a likely sticking brake caliper
The car mists up badly inside (obscuring vision)
-diagnosed as the internal air flow being stuck in internal mode
The dealers son handled the sale, as his farther (the dealer) was out of the country. As soon as he returned on the 16th Dec he was called and advised of the issues – he said he would speak to his garage (one of the repair centers that he uses) – brief summary of events that followed:
-Said that garage couldn’t fit the car in until after New year to call him back then.
-I called him on the 3rd Jan, after a few more calls the car was finally booked in for the 16th Jan
-Took the car to the garage and he said that there was little he could do and I should contact the dealer
-The dealer then said he would arrange for an auto electrician to look at the car
-25th Jan auto electrician looked at car and didn’t fix anything – he had little to say other than speak to the dealer
-Dealer provided me with the number for another garage – the car was taken here on 3rd Feb – the mechanic diagnosed the above points (with the exception of 5).
-Dealer said that he would contact me when the parts were sourced
-I contacted the former owners and was advised they sold the car because of point 1. We also learnt why the car was badly misting up – point 5
-19th Feb I had to provide the dealer with part numbers – by now the car was getting worse (starting and driving)
- The car finally became undriveable on the 22nd and was towed to the garage on the 24th by the RAC
-We wrote the dealer a letter outlining exactly what we were expecting to be fixed – he has not replied to this letter.
-I was advised that the wrong part was sent and they couldn’t find another
-I told him where he could get another part on the 1st March - I believe he placed the order for the part on the 5th March – so far he is only acting on point 1 above and has not made any positive or negative commitment to the other points despite being asked
-Having now been without a car for 13 days and with no return date given we have been forced to pay for car hire for three days, I have informed the dealer of this but he has said “what do you want me to do about it?”
- We are have just written the dealer a 'time of the essence' letter which concludes:
"Under the Sale of Goods Act 1979 (as amended), you are required to effect repairs within a reasonable time and with minimal inconvenience. As over eleven weeks have elapsed since you were notified, and I have been without a vehicle for the last 12 days, you have failed to meet this statutory requirement.
I am now making time of the essence; if you do not return the vehicle to me free from any defects within the next seven days I will hold you in breach of contract and choose to have repairs effected by another garage – for which I will expect full reimbursement.
In addition to the above, I expect to receive full reimbursement for expenses incurred whilst without a vehicle; such expenses have been kept to a minimum and currently amount to three days car hire costing £125.07, as when offered the opportunity to propose an alternative, you declined, leaving me with no option. This figure will increase next week by a further three days – bringing the total to £250.14.
If you fail to comply with any of the above, I will have no alternative but to pursue a claim for reimbursement through the County Courts; together with interest and further incidental costs, without further reference to yourself."
I would be interested to hear other views about this approach?
Would be interested to see their response. I think the letter is fair, you would certainly be able to claim for the repair costs, I would imagine they would drag their heels over the consequential losses of the hire car - what did you need the car for, did the trader know of this, and would there have been any alternative means of transport?
How did you pay for the car?
Please note I'm not insured in this capacity, so if you need to, do get official legal advice.
Paid for the car cash. We had to hire the car because my partner is a nurse and had to start work at 7am - the first available public transport wouldn't have got her there until about 7:30am - I advised the trader that we needed to hire a car and offered him the option to provide an alternative - he did not reply. He was sent notification of this by text on three occasions.
I assume hiring a car would have worked out cheaper than a taxi, overall?
Just checking, as although you can claim for your costs, those costs would have to be seen by the judge (ultimately) as reasonable, and you do have a responsibility to mitigate those losses (keep them as low as possible).
Other than that, letter is fine and do let us know what happens next.
Please note I'm not insured in this capacity, so if you need to, do get official legal advice.
should have demanded a full refund in return for the car and then go and buy another car, would have been much easier and they can do this if the car is constantly troublesome from the start
We were told that we might be able to reject the goods, but felt that it could have been more hassle - the SOGA does however say that just because you have consented to repairs it does not mean that you have accepted the goods - we just thought that having had the car for three months it might be a difficult case to prove - the problem on our side is that we have only recently become aware of our rights so didnt realise how strong our position was.
My partner works 13 miles away so a taxi wasn't an option - she also works long days 7am to 8pm, and as she did two days back to back we had to do three days hire because couldn't return the rental in office hours (which was required) otherwise. We also think that 3 days hire out of 16 days (which is now how long the vehicle has been off the road is not unreasonable - in the eyes of a "reasonable person").
if they gave diagnosis as staed above then the repair if pretty straightforward and only involves replacement parts!!!!, they should only need the car for 1 day to complete this assuming the diagnosis is correct, so i suppose you could argue that the time on there part has been unreasonable due to time required to fix and as you say they have had the car for 16 days then you could ask what exactley has been done in 16 days, put it like this you could fitt a replacement engine and complete new wiring loom in 1 week when you have the right workshop facilities which obviously they should
gearbox removal 1day
engine removal and replace 3 days
suspension all round 1 day
interior remove & refit 2 days
brakes all round 1 day
these are examples of realistic time to hold the car for given jobs
these are not based on icme times (they will be much lower)
they are times that would allow a competent mechanic to carry out working at a reasonable pace
as i said ask them why its ben 16 days
either the car has lay around getting nothing done to it or they have incorrect diagnosis and they are struggling to find the real fault
if there struggling they should have just employed the services of an auto electriction to sort the car out (a good cahp with good equipment could check through all wiring and fix in a couple of days)
Car has been off the road for 16 days and with them for 14 - reason is:
- Day 1 Car finally broke down
- Day 3 (saturday) Car was towed to garage
- Day 6 Realised they had the wrong part and couldnt source another
- Day 8 I informed there where they could get the reconditioned part (old part had to be sent due to engine coding)
- Day 12 Dealer sent off old part for reconditioning (4 day turn around)
- Day 15 Sent time of the essence letter
- Day 17 (today) still waiting to hear......
Also worth pointing out that the dealer will not commit to doing point 2 to 5 untill he has done point 1. So todate nothing has been fixed.
In a dramatic turn of events - I have just called the dealer to ascertain progress and he said "you are obviously not going to be happy with this car, come and see me and we will provide you with an alternative". As yet we don't know what that alternative is going to be but it's certanly a positive move.
Have been to see the dealer and have settled on a 206HDi Lx, 02/52 - 1 owner, 34k - and we also got him to throw in 12 months tax. There was a scuff on the wing which we has said he will get sorted before we pick the car up. Perhaps worth a little less than the Merc, but we just want to end the stress!
I am convinced that our letter threatning court action made him change his approach. For those looking for assistance - there are plenty of templates out there - try Warrington Trading Standards - Consumer Advice for some inspiration.
Used car dealer - slow response
and further incidental costs, without further reference to yourself."
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