Unfit 4 The Purpose?

wombat · 27th July 2006, 19:19

My Hubi Bought A Used Car Almost A Year Ago, Just Took It For An M.o.t And There Was A Serious Problem Will Cost Mega Bucks To Fix. The Mechanic At The M.o.T Station Says This Problem Must Have Been There When He Bought The Car And Couldnt Possibly Have Developed And Got So Bad In Less Than A Year.
Does The Rule Apply That Says A Product Must Be Fit For The Purpose It Was Sold And How Difficult Would It Be To Prove If This Was The Case???
Any Ideas Any 1??

Switch · 28th July 2006, 11:39

I am going through a legal battle at the moment which has been going on for over a year now. My case has got very complicated and messy The vehicle in question was MOT'd the day before I purchased it and was found to have 29 major defects.

I have taken the garage that I purchased from to court. They in turn have taken the garage that MOT'd the car to court and they have taken the individual who carried out the MOT to court, what a tangled web it is as well.

My advice is firstly write to the garage and list your concerns and give the the garage the opportunity to take the car back, I very much doubt that they will but its worth asking and having on record that you asked.

If they do not wish to take the car back, which I suspect put it to them in writing offering them the opportunity to inspect the vehicle for themselves.

If that does not work get a qualifiied automotive engineer to carry out an inspection of the vehicle, but make sure that he is aware of and understands the court procedures for expert witnesses, and confirm that he has acted an expert witness before.

Dependant on your location I know a very good Automotive expert witness who carries out vehicle inspection for local councils, Trading Standards, Insurance companies and the legal profession. He is not cheap but he is well qualified and recognised within the court circles which has to carry some weight on its own I would of thought.

Hope this helps

wombat · 31st July 2006, 12:47

WOW! Sounds complex. Thanks for the advice I guess Ill start with the letter to the garage as theres nothing to lose and see where we go from there. good luck with your case

cleungs1 · 3rd August 2006, 15:55

there is template letter on this site:

http://www.consumerdirect.gov.uk/

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