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neversever

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About neversever

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  1. I presume you mean (a) the buyer is NOT allowed to require repair or replacement because it would be impossible/disproportionate? Condition B does apply in my case as the seller has failed to offer a replacement or reimburse me the cost of the repair or repair the outstanding minor faults. Could you please explain the difference between statutory and common law? Thanks!
  2. Thanks for the advise. The car suddenly broke down on a motorway abroad and it cost me £700 to get it running again. The outstanding faults are minor ones (unrelated to the mechanical breakdown), which were not pointed out to me at the point of sale. I was sure I had read somewhere that a buyer can claim a reduction in price, and I came across this: "Sale of Goods Act 1979, c. 54, PART 5A: ADDITIONAL RIGHTS OF BUYER IN CONSUMER CASES F448C Reduction of purchase price or rescission of contract (1)If section 48A above applies, the buyer may— (a)require the seller to reduce the purchase price of the goods in question to the buyer by an appropriate amount, or b)rescind the contract with regard to those goods,if the condition in subsection (2) below is satisfied. (2)The condition is that— (a)by virtue of section 48B(3) above the buyer may require neither repair nor replacement of the goods; or (b)the buyer has required the seller to repair or replace the goods, but the seller is in breach of the requirement of section 48B(2)(a) above to do so within a reasonable time and without significant inconvenience to the buyer. (3)For the purposes of this Part, if the buyer rescinds the contract, any reimbursement to the buyer may be reduced to take account of the use he has had of the goods since they were delivered to him." It seems this applies to delivered goods..?
  3. I haven't submitted the court papers yet. I was going to ask for compensation for the breakdown costs, a discount of the purchase price and for the dealer to pay for the repair of the outstanding faults (for which I will obtain a valuation). What do you mean the law won't negotiate a discount? I thought I had a right to ask for a discount on the purchase price when a car does not match its description?
  4. The used car I bought from a dealer broke down after one week. After 3 months of negotiations, I've been forced to start using the car, so I can no longer reject it. The dealer ignored my requests for a replacement vehicle. I am taking the dealer to a small claim's court for compensation of the towing and repair costs that I had to pay due to the car not being of satisfactory quality, fit for purpose or as described. There are also 2 minor outstanding faults that were not pointed out to me at the point of sale that the dealer has promised to fix, but has never actually done so. His promises always end with the condition that I don't pursue him for the compensation. Can I get a valuation of how much it will be to get these faults repaired and add that to the claim, as they have not complied with my requests to repair them? One more thing, the car was not as described in its ad, the mileage and number of keepers were incorrect. Can I claim a discount on the purchase price, because I was not given the correct information at the point of sale and was therefore not able to make an informed decision; had I been given the correct information, I would have asked for a discount! The correct mileage was on the invoice I signed, but he never actually verbally pointed out the difference between the mileage in the ad and the actual mileage, and I didn't notice the difference when I signed the invoice, because by that time it was a "done deal". He described the vehicle as having had just one former keeper since new, when I got the vehicle registration certificate through the post, it said 3 former keepers! If I can request a discount on the purchase price, how much would that be?
  5. I accepted the car dealer's partial refund towards repair costs on the car that broke down a week after purchase. But he is now saying he will only give this refund if I sign an agreement that he is never responsible for any faults that may occur ever! Isn't this unlawful?
  6. The reason I have not taken him to court is because we have been negotiating with numerous offers back and forth.
  7. I rejected the car in February after hahaving it for one week. At first he tried to get me to bring the car to him when convenient for him, and when I didn't, he tried to withdraw his 'offer' to take it back. I have asked him to collect the car for a month now, but he's not doing anything. Meanwhile I'm stuck with a car I can't use whilst paying insurance and tax on it!
  8. Hi, thank you for your replies. What do I do if he just refuses to collect it? Can I sell the car, or start using it (after insuring and taxing it of course) and still take him to court for the breakdown costs and consequential losses?
  9. In order to reject a used car, do I take it back to the dealer, even if we are in dispute about how much he will refund me? I am planning on taking him to court for the full amount I paid, plus compensation for repair costs, as it broke down after one week and was not as described. If I take the car back, do I sign the car over to him while I let the court decide how much he should refund me? If I keep the car until the issue is resolved, do I have to insure it, even if I don't use it? The car tax is due to run out, can I claim back the cost of this, since I am not able to use the car due to the dispute? I have asked the dealer to collect it, but our negotiations have been going on for almost 3 months and he keeps changing his mind about what he is prepared to offer me. Meanwhile I have a car that I can't use.
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