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RobYork

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Everything posted by RobYork

  1. The final outcome. The dealership sorted out the gearbox. They offered to pay 75% if I paid 25% which I thought was a “Reasonable offer,” which I accepted. Had the offer been made, had I not mentoned SOGA I will never know. Many thanks to those who gave advice.
  2. "Statutory rights" exactly which statutory rights are you refering to, please be specific, please do not just quote an Act, rather, quote the exact part of that act which applies here. I shall be phoning the dealer in the morning, as they are about 40 miles away, I shall let you know what happens.
  3. Yes, I thought the same, that the burden of proof of six months applies to new items only.
  4. It was not Arnold Clark. Does she have any legal redress ?
  5. She has not contacted the dealer, as she was given a “30 day warranty” which has run-out, she and I both believed that as a result, she had no legal right to ask for the gearbox to be replaced free of charge. According to what I have read on another thread, the dealer may still have to replace the gearbox free of charge....... “Reversed burden of proof” Means that for the first six months the consumer need not produce any evidence that a product was inherently faulty at the time of sale. If a consumer is seeking any other remedy the burden of proof remains with him/her. In such a case, the retailer will either accept there was an inherent fault, and will offer a remedy, or he will dispute that it was inherently flawed. If the latter, when he inspects the product to analyse the cause, he may, for example, point out impact damage or stains that would be consistent with it having been mistreated in such a way as to bring about the fault. This reversal of the usual burden of proof only applies when the consumer is seeking a repair or replacement. After the first six months the onus of proof is again on the consumer. I am concerned as per the mileage on the car.
  6. Many thanks, I have posted a New Thread.
  7. My Neice bought a used car 2 months ago, from a dealer: Vauxhall Astra. 06 Plate. £4995. 80.000 miles on the clock. She has drove it for about 1,000 miles, the gearbox has gone, does she have any legel redress ? Many thanks.
  8. Advice please. My Neice bought a used car 2 months ago, with about 80,000 miles on the clock. She has drove it for about 1,000 miles. The gearbox has gone, having read what is in this thread, am I right in thinking that the dealer must repair the car free of charge ? She only had a 30 days waranty.
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