Sale of Goods Act

[tucker11]

Need some help here
I bought a car on the 9th of February 2008, the car is a Renault Espace diesel and I paid £8000 cash for it's on a 04 plate with 86000 miles on the clock. I purchased the car from a independent dealer in Essex, checked the car out and took it for a test drive was a bit concerned about the noise of the engine was told buy the salesman that the engine is cold hence the noise having a diesel myself I know that the engines can be noisy when cold.

Anyway parted with my hard earned cash did all the paper work and had a 3 month warranty thrown in covering engine, gearbox and axles. Took the car home all the way to the Midlands covering 150 miles the car drove how it should and was a pleasant drive home.

on the Monday I took the car out drove it around and noticed that even do the car had warmed up the engine was still making a loud noise sounding more like a van than a car. The next day I was busy at work and couldn't get the car looked at. Yesterday I to take the car down to my local garage they said it it could be the belts and tensioners so the took of the belts ran the engine and the noise was still there they came to the conclusion that the noise was definitely coming from the engine and would have to be stripped to find out exactly what was wrong. I took the car to another garage for a second opinion they came to the same conclusion as the first garage. I must point out that the car starts and runs fine and the performance is not effected there's just a loud irritating noise.

I phoned the trading standards explaining my situation and they advised me to invoke the sales of the goods act and ask for a full refund and I also contacted the garage to tell them about the situation.

Today I contacted them explaining that I would like a refund and have sent them a letter also. (the garage where familiar with the sales of the goods act). They phoned me back later in the day and said that they would wait for the letter that I have sent to them before deciding to repair the car under the warranty or give me a refund. I would prefer a refund as I think repairing the car could be a long winding road and after paying £8000 for a car you expect it to last more than a couple of the days and I'm pretty cheesed off.

What do you guys think I should do I reckon that they would insist on repairs, do you think I would have a good case if it went to court? and would I be able to take this to small claims court. Just thinking off worst case scenarios.

Any suggestions would be greatly appreciated.
sorry about the long post.

[ReasonableRon]

It always confuses me when garages say that will repair something that was quite obviously a fault at the time of sale 'under the warranty'.

Assuming the warranty is a proper 3rd party warranty then this is quite obviously a pre-existing fault that quite rightly would not be covered under the warranty and should therefore be repaired as a matter of course under the sale of goods act.

I am sure that a lot of garages try and 'claim' under a warranty for faults that they should have rectified as part of their normal vehicle preparation, and it no doubt is a cause of inflated premiums in general to the public.

If you took out a home contents policy today would you expect it to pay out on a claim for a burglary that happened last week?

If, however , the warranty is actually a 'guarantee' given by the dealer alone then fair enough, I'll get off my soapbox

[CL1411]

I had the exact same problem a few months ago and instructed a solicitor to commence legal proceedings against the car garage. They eventually buckled once we set the wheels in motion and replaced the engine plus my costs. Here is a template letter that I sent the garage and this needs to be sent by recorded delivery to prove in court they received it. (this was done by my solicitor so should be ok!)

To go to court you are expecting 3-6 months for a date in all honesty.

If you claim is over 5k then i think this goes on the "fast track" court service (beware of the name as this takes longer and you are liable for costs if you lose!!) If it is under 5k then (ie car repair then you need independant reports etc stating exactly what is wrong and in their opinion whne this happened- doing this youre not liable for the other parties costs etc)

Hopr this helps a little bit!!

Dear Sir

Re:
Our Client:
Date of Purchase- 28.12.07

We write to advise you that we act on behalf of xxxx and we have been instructed to write to you in relation to the above vehicle.

We understand from our client that on the xx December 2007, he purchased the above vehicle from you for £xx. A copy of your sale invoice is attached hereto for your ease of reference. Our client has informed us that since his purchase of the vehicle he has experience significant problems with the car’s coolant system. The vehicle has been inspected by Lancaster Audi and a long standing engine fault has been identified. Lancaster Audi have further advised our client that the vehicle is unsafe to drive and as such we have advised our client that the vehicle is defective.

TAKE NOTICE that our client hereby formally rejects the vehicle under s.14 (2) and s.14 (3) of the Sale of Goods Act 1979. Due to the fault with the vehicle’s engine you have failed to discharge your implied duty under s. 14 (2) of the Sale of Goods Act that the vehicle be of satisfactory quality and further under s. 14 (3) that the vehicle be reasonably fit for purpose.

You have until (7 working days) next to arrange for the engine faults to be corrected or to collect the vehicle from our client’s address and refund the purchase price to him. If our client does not hear from you or the vehicle is not collected by you and the purchase monies refunded within the specified time period then our client will arrange to have the vehicle delivered to your place of business and will commence legal proceedings to recover the purchase price together with interest and costs without further notice.

Yours faithfully

[tucker11]

Thanks guys for your reply's and support I am still waiting for the garage to get back to me and I am willing to take this to court. Until they don't get in contact I will have to sit tight, I will update this thread as things develop.

[Bookworm]

It really depends what you want as the outcome. If you don't trust the car full stop, you should write to them and say that you reject the goods under SOGA and want a full refund ASAP. If you prefer, then you can give them the choice of repairing/paying for repairs. But you need to be clear from the start of what your remedy of choice is, or you could lose the right to refund if you were deemed to have accepted the goods.

[tucker11]

I have sent the garage a letter stating that I have rejected the car and would like a refund or for satisfactory repairs to be done with a right to reserve the sales of the good act if the repairs are not up to a independent engineers report. Maybe I should have not mentioned anything about the repairs as in all honesty I'd rather have my money back.

[tucker11]

Got a reply today from the garage acknowledging the receipt of my letter and that they would like the opportunity to repair the car and that I would have to make arrangements to get the car down to them, it would cost approx £200 to get it towed from the Midlands to Essex. The garage is also saying that I would have to pay for the cost of tow as this is not covered by their warranty. I think that this is unreasonable as the car was already faulty when I bought it and the distance that I travelled to get the car.

If I still insist on a refund and I did end up taking them to court would it go against me that I did not take up the option to repair. Any advice would be helpful.

[Bookworm]

If they want to repair the car, you most certainly should NOT have to pay for the transport there, the cheek of them!

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

No, if you'd rather have a refund full stop, it won't go against you, you have had the car for less than a week, you are merely making use of your statutory rights.

[CL1411]

I would not a penny to them for the tow, at the end of the day they sold you a car that was not fit for purpose and you have formally rejected the vehicle, stick your guns and demand they give you a refund and if they want to fix it then its up to them to come and collect it from you.

I would inform the local T/S about this company and make sure the garage know you are going to report them to T/S for a breach of the SoGA 1974.

Be very careful becuase your story is like deja-vu to me. If they are saying that the warranty will cover it then more than likely it doesnt as the warranty co isnpector will more than likely say the fault was present prior to when the vehicle was insured by them and therfore isnt covered by them.

[tucker11]

Thanks bookworm & CL1411 for your reply's. I think I will stick to my guns and ask for a refund I have already been in touch with T/S and will do so again on Monday morning, do you guys think I should contact a solicitor or would T/S be sufficient enough?