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

simonmanns · 14th August 2006, 12:28

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

Bookworm · 20th August 2006, 20:43

VERY nice to see someone who understands SOGA!!!!

Your post is totally in the spirit of this forum, and I am VERY impressed by it!

DO keep us updated, I can't wait to see the response from the gagrage!

shywazz · 20th August 2006, 21:03

Good thread will keep an eye out for up-dates. I myself bought a used car from a garage, my little clio, the dealer had just put 6 mths tax on it, however after i bought the car from him, he stopped the payment for the tax disc, after 2 letters from the tax office, and two phone calls to him, he finally paid up, 23 days after i bought the car, the front exhaust needed replacing, at a cost of £65.00 to myself, i never knew i could seek the seller to pay for it, but hey i'll remember next time, anyhow, the story is, i've learnt by them mistakes, and i will always make sure i have a vehicle check done, b4 parting with any hard earned cash. Hope you manage to bring this garage to justice m8y, end of day, he must have known the car you bought had this problem, yet still sold you it, eres hoping you get the seller to pay up and more.

sean case · 3rd September 2006, 20:42

Quote:

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

please could you mail me your word file, i am in very similar situation, trading standards dont seem very keen to move things on.
thanks, sean

roland_grimshaw · 5th October 2006, 21:50

Hi Simon,

I have read your report and found imyself in a similar situation. Could you pls help me and also email the word document as indicated in your posts.

Many thanks

Roland From Preston

bakedalasker · 6th October 2006, 09:08

Simonmanns, is there any update to this?

simonmanns · 10th October 2006, 21:01

Hi all! Just heard that the court has now ruled in my favour i.e I WON THE CASE! and the garage has been ordered to pay me my money back in full plus expenses & interest.

I'm just compiling all the info and will post the full details in a few days.

Simon

bakedalasker · 10th October 2006, 22:42

Congratulations Simon,

I will look forward to this with interest.

Well done.

baconbuttyman · 15th October 2006, 00:40

Quote:

Originally Posted by simonmanns

Hi all! Just heard that the court has now ruled in my favour i.e I WON THE CASE! and the garage has been ordered to pay me my money back in full plus expenses & interest.

I'm just compiling all the info and will post the full details in a few days.

Simon

exellent well done

jonni2bad · 15th October 2006, 01:29

Great news Simon, we're really pleased for you.

Power to the people and all that

blueeyes · 4th November 2006, 22:50

Well done simon great news!!!!!!

Jimbo44 · 5th November 2006, 09:53

Quote:

Originally Posted by simonmanns

Hi all! Just heard that the court has now ruled in my favour i.e I WON THE CASE! and the garage has been ordered to pay me my money back in full plus expenses & interest.

I'm just compiling all the info and will post the full details in a few days.

Simon

Another "Well Done" from me too, Simon!!!

Any chance of the "info" being posted please?

simonmanns · 7th November 2006, 08:46

Thanks for all your support guys. I'm in the process of gathering all the info now and I'll post it all shortly! Just moved house so I'm a little behind at the moment!

I'm getting soooo many emails from people who are in a similar situation so I'll talk to a Mod to see if we can post up all the template letters.

sleepy184 · 5th July 2007, 07:28

I know this original post is going back quite a bit but do you still have a copy of the letter?
I need all the help I can get at the moment.

BenScoobert · 6th July 2007, 21:16

And did you get your car fixed?

Djeech · 17th July 2007, 11:53

Hi Simon,

Could please send me a copy of the 1st letter as well.

(edit)

Thanks
Les

napalm69 · 18th July 2007, 20:50

Hi Simon

I realise your original post is almost a year old but if you still have a copy of the letter you sent to the dealer i'd really appreciate a copy! Tried to PM but your inbox is full.

Cheers man!
Napalm

sleepy184 · 20th July 2007, 16:17

Does anyone else have a copy of the letter that simon sent as he may not see this post or indeed may no longer receive emails saying there has been an update on this post?

There was a mention of it being placed on this forum somewhere for people to download, do any of the admin know if this was done?

Thanks

CAG Products - We think that these will help you to make your claim or Reclaim your Right These sales also help us to keep helping YOU and keeps this site free of third party adverts!

Small Claims Kit	Small Claims Court Guide	CallBurner - Skype CallRecorder Review	Last Will & Testament Kit	Fight a Motoring Ticket

Alternatively you could purchase a CAG email address here, or maybe you'd prefer our address labels here
UPDATE: Consumer Forums ConsumerWiki is now LIVE - click here: ConsumerWiki N.B. Please note - due to postage costs these products are only available in the U.K.