Sale Of Goods Act (buying A Vehicle) - Your Rights

[CL1411]

I went through the same problem a few months ago, i have put the letter that my solicitor sent to the car dealer below (you just need to fill in the blanks) Good Luck!!

Dear Sir

Re: xxxx(car)
Our Client: XXX
Date of Purchase- XXXXX

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

We understand from our client that on the XXXX, he purchased the above vehicle from you for £XXXX. 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 XXXXXX. The vehicle has been inspected by XXXX 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 XXXXX(allow 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

[autopilot]

I have a similar problem but the garage has gone into liquidation.
The cam belt went in the first 2 months and it had been replaced only 3000 miles prior to purchase. An independent report which i had done states it was due to the cam belt not being correctly fitted during that repair.
Under the Sale of Goods Act I have written to American Express (credit card -not charge card) claiming the repair costs but they say that as the car was second hand they are not paying.
I think I should go down the small claims route - what are your opinions.

[CL1411]

I thought that if you bought goods on a credit card then you have some sort of cover for this. If you are rejecting the car under the SoGA 1974 then I dont see the difference in a second hand car.

Maybe you should read carefully through your T&C's and see if "buying second hand goods" is excluded from their protection policy!

If it isnt then I would ask AA to confirm exactly within the T&C that it states you are not covered because you bought second hand!!

[pomella]

Well done Simon........... I know this is a long shot, I bought a car with the mileage altered, service history book, which was a fraud. Taken car to garage and will need to spend over £600.00 to get up to scratch. Have been in touch with just about every organisation and told my rights are limited because it was a private sale. Do you think I have any hope ???

[webbscatering]

Originally Posted by pomella

Well done Simon........... I know this is a long shot, I bought a car with the mileage altered, service history book, which was a fraud. Taken car to garage and will need to spend over £600.00 to get up to scratch. Have been in touch with just about every organisation and told my rights are limited because it was a private sale. Do you think I have any hope ???

Hi Pomella, It looks like Simon no longer uses this thread, try starting a new one under your own title and i am sure you will get all the help you need. But back to your question I take it you have proof of tampering because the DVLA take a dim view of this, as for your service history book to be honest is just a selling tool, but there again i might prove the vehicle milage is not correct.
I take an independent garage has shown you evidence of clocking like the numerals do not line up. or do not work at all, or if its digital the pixels are broken. The dash has been removed with evidence of the scratches to screw heads. Check these out because the more muck you throw something will stick, Cheers Kev

[pomella]

Thanks Kev

The milaege (according to MOT history) read 135k in 2007 then 62k in Jan 2008. I have informed the DVLA but they are not interested and told me to call Police who can't help either.

It just seems people can break the law and tamper with Mileage readings without any consequences......... maybe thats why they do it!!

[webbscatering]

Originally Posted by pomella

Thanks Kev

The milaege (according to MOT history) read 135k in 2007 then 62k in Jan 2008. I have informed the DVLA but they are not interested and told me to call Police who can't help either.

It just seems people can break the law and tamper with Mileage readings without any consequences......... maybe thats why they do it!!

Try the Trading Standards these are definately the people you should see as their work includes dealing with misdescribed vehicles, mileometers which have been turned back (known as 'clocking'), unroadworthy vehicles (those that would fail an MOT), sub-standard vehicle servicing, traders selling vehicles in residential areas, misleading prices and incorrect credit advertisements. The DVLA are the Vehicle Inspectorates who do the MOT, now there must be something should be doing even if means looking into a complaint.....whats the point in paying your speeding fines

[pomella]

I will try trading Standards again, they did say they would not deal with private sales, maybe I will help someone helpful this time. Will keep you posted........

[Jemms00]

Hi Simon, I tried to PM you but it seems you are over your limit for messages. I am experiencing similar problems so it would be great if you could email a copy of the template to me? Please PM me when you have the time and I'll send you my email. Thanks!

[2008]

Originally Posted by simonmanns

Sale of Goods Act

Hi Everyone, just to give you a bit of background on my story before I start with the SOGA!

I bought a used Smart car just over three months ago (I know you're all going to tell me that that was the first mistake I made, but hey!) from an independent garage and last weekend it died on me! I got it recovered to my local Merc garage who told me that it needed a new engine and turbo!! - total cost £4000! I only paid £3500 for the car so it is basically written off. I did take out a private warranty with the vehicle (Warranty Direct) but they have refused to pay out because they say that the fault was with the car before the policy was taken out! How did I guess they would say that!! Now, I could persue Warranty Direct at this stage to get them to prove that the fault was already there but this could prove costly for me due to all the "small print" in their policy terms that they could get me on so it seems (in my case anyway) that the SOGA is the way to go.

So, over the last week or so I've been swatting up on the Sale of Goods Act and it seems that I am entitled to ask the garage to repair the vehicle or to refund me. It's a bit mind boggling but I think I do know my rights now. Turns out that up until 6 months after the sale of the vehicle, it's up to the dealer to prove that the fault wasn't there when he sold it to me. Can't really see how he would do that so that must be a good thing. It's called the "Reversed Burden of Proof".

Now, if you've had the car for more than 6 months then it can be a little more difficult as it is then up to the purchaser to prove that the fault was there when it was bought - but don't be put off by this if you are convinced that you were sold a dudd - it just means that you might have to find an independent mechanic to do a report on the vehicle - the cost of this could then be reclaimed by you from the garage if it turns out that (in the opinion of the independent mechanic) the fault was already there.

Anyway, back to my story! The engine is still in my car at the moment so the dealer would have to have it stripped down (at his own expense) if he doesn't agree with me that the car had an inherent problem. If it does go to court (small claims court in my case) and he still can't prove it, I am entitled to ask for a full refund, interest, costs & compensation. So, from his point of view, he's got a difficult decision to make - either pay me back now or risk having to shell a lot more money - especially if he has to have the engine stripped down too.

I am also entitled to ask for a replacement car or hire car whilst we are in dispute. If the dealer declines to do this then I can recover any costs incurred for hiring a vehicle and add it to my claim.

Now, the main reason for my post is this:

I'v got a letter that was put together by myself and a firm of solicitors that outlines my rights and the dealers responsibilities under the Sale of Goods Act. It's basically the first letter you need to send out to the garage - and gives them a defined timeline to which they should respond before further action is taken.

If anyone is in the same situation as I am and you would like a copy of the letter PM me with your email address and I can send you the Word file.

I'll be sure to keep you updated as to how I get on with my case! and will have available any other letters that I have sent in due course.

Simon

kl

[2008]

Originally Posted by simonmanns

Sale of Goods Act

Hi Everyone, just to give you a bit of background on my story before I start with the SOGA!

I bought a used Smart car just over three months ago (I know you're all going to tell me that that was the first mistake I made, but hey!) from an independent garage and last weekend it died on me! I got it recovered to my local Merc garage who told me that it needed a new engine and turbo!! - total cost £4000! I only paid £3500 for the car so it is basically written off. I did take out a private warranty with the vehicle (Warranty Direct) but they have refused to pay out because they say that the fault was with the car before the policy was taken out! How did I guess they would say that!! Now, I could persue Warranty Direct at this stage to get them to prove that the fault was already there but this could prove costly for me due to all the "small print" in their policy terms that they could get me on so it seems (in my case anyway) that the SOGA is the way to go.

So, over the last week or so I've been swatting up on the Sale of Goods Act and it seems that I am entitled to ask the garage to repair the vehicle or to refund me. It's a bit mind boggling but I think I do know my rights now. Turns out that up until 6 months after the sale of the vehicle, it's up to the dealer to prove that the fault wasn't there when he sold it to me. Can't really see how he would do that so that must be a good thing. It's called the "Reversed Burden of Proof".

Now, if you've had the car for more than 6 months then it can be a little more difficult as it is then up to the purchaser to prove that the fault was there when it was bought - but don't be put off by this if you are convinced that you were sold a dudd - it just means that you might have to find an independent mechanic to do a report on the vehicle - the cost of this could then be reclaimed by you from the garage if it turns out that (in the opinion of the independent mechanic) the fault was already there.

Anyway, back to my story! The engine is still in my car at the moment so the dealer would have to have it stripped down (at his own expense) if he doesn't agree with me that the car had an inherent problem. If it does go to court (small claims court in my case) and he still can't prove it, I am entitled to ask for a full refund, interest, costs & compensation. So, from his point of view, he's got a difficult decision to make - either pay me back now or risk having to shell a lot more money - especially if he has to have the engine stripped down too.

I am also entitled to ask for a replacement car or hire car whilst we are in dispute. If the dealer declines to do this then I can recover any costs incurred for hiring a vehicle and add it to my claim.

Now, the main reason for my post is this:

I'v got a letter that was put together by myself and a firm of solicitors that outlines my rights and the dealers responsibilities under the Sale of Goods Act. It's basically the first letter you need to send out to the garage - and gives them a defined timeline to which they should respond before further action is taken.

If anyone is in the same situation as I am and you would like a copy of the letter PM me with your email address and I can send you the Word file.

I'll be sure to keep you updated as to how I get on with my case! and will have available any other letters that I have sent in due course.

Simon

??
Hi, my boyfriend has recently had a similar problem with a car and i was wondering if you would be able to send me a copy of your letter as it will be much appreciated and will be a great help. Thanks.
my e-mail is groovychick_895@hotmail.c om

[2008]

Hi, i was just wondering if you received a copy of the letter from simon, if so would it be possible for you to e-mail me it please as it would be much appreciated.
Thanks, my e-mail is groovychick_895@hotmail.c om

[JonCris]

Originally Posted by CL1411

I thought that if you bought goods on a credit card then you have some sort of cover for this. If you are rejecting the car under the SoGA 1974 then I dont see the difference in a second hand car.

Maybe you should read carefully through your T&C's and see if "buying second hand goods" is excluded from their protection policy!

If it isnt then I would ask AA to confirm exactly within the T&C that it states you are not covered because you bought second hand!!

It doesn't matter if THEIR agent, the dealer, has failed to fulfil his obligations to the consumer under the SoGA then the card company (even Amex) are liable under sec 75 of the CCA 1974.

They can, like most card compamies, under their dealer trading terms, recall any payment they have made to a dealer

Word of warning AMEX, allegedly, have a habit of trying to avoid their obligations under sec 75 of the CCA

[webbscatering]

Hi People, I am at a loose end yet again, in amongst all this what duties do the finance company have with regard to helping get the work done.
On September 28th 2007 I brought a car through Netcar.co.uk. they vetted, HPI checked and arranged the finance with Private and Commercial.

Ten weeks later the power steering pump blew, were not talking a seal here but a split in the housing, now the cars mileage when I brought it was 86475 as of 28/9/2007 the current mileage is now 87896 when it broke down on 17th November. Which is 1421 miles in 50 days = 28.4 miles a day only 180 of which were motorway miles.

The car has been taken to a mechanic who was said that there is no fair wear and tear as no seals or bearings have been broken but the outer housing is splits which indicates an internal malfunction.

Needless to say Jeff Whites have said we only give 28 days standard warranty on their cars which was strange on a £15,000 car. I spoke to Netcars.co.uk and they were going to sort it out the nice way or the nasty way. Two months later nothing done!, the guy dealing with it at netcars has moved on and surprise surprise there are no notes left to back up my claim.
Meanwhile Private and Commercial are not happy because i am refusing to pay the loan as I made a formal complaint in writing stating the car supplied was not fit for the purpose it was intended for. Now they have issued a default notice and a repossession order on the car. Surely its their car they should have more of a clout then what I got with regards to kicking the dealer up the backside.

[webbscatering]

I sent my SOGA letter off and the seven day deadline is up, do I go to a solicitor or what is my next move, thanks kev

[dandandan]

Originally Posted by simonmanns

If anyone is in the same situation as I am and you would like a copy of the letter PM me with your email address and I can send you the Word file.

Hi simonmanns
I was trying to contact you by private message, but apparently you have exceeded your private message inbox!

Hi Simon,
Came across the post about your smart car when searching for sample letters for my own car complaint. I have a fairly similar problem to you, except my cars 7 months since bought and not quite as broken as yours..yet.
I was wandering if you could send me a a copy of the letter you sent. I have contacted consumer direct and they told me pretty much what you have said in your post, but I am having trouble putting it into a scary letter!

Well done on your win and i look forward to hearing from you.


Dan