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Found 5 results

  1. Dear all, 31 days ago I purchased a Mini One Convertible with just 39,000 miles on the clock. Today (31 days after purchase, typically just outside the 30 day rejection window) the clutch has started slipping badly. I phoned the dealer who refused to accept any liability. I put pressure on them and they offered me £100 towards the cost of repairs (c. £400). I told them under the Sale of Goods Act 1979 the car was not of satisfactory quality and that, as this fault has developed inside 6 months, the burden of proof is on them to prove otherwise. I told them I would not hesitate to take them to a small claims court to recover my costs should I need to get this repaired privately. They then offered to repair the clutch themselves. The problem is the car is not drivable ( And I am worried they would try and bodge a repair) and their garage is 200 miles away from me. My interpretation of the Sale of Goods Act is that they are liable to come and collect the car or liable for the expenses of having it taken to their garage if they want to repair it themselves.. Is this true? If so I will insist on having the car repaired locally (unless they come and collect it), and if they do not pay the very reasonable bill I have been quoted I will take them to court. Please can someone kindly clarify if I am able to insist they collect the faulty car or fit the bill for have it taken back to their garage? Thanks so much in advance, Nicola
  2. I've just got off the phone from a solicitor's. They have re-iterated exactly what I have said above. Under section 23 subsection 2b the dealer is required to replace the clutch and bear and costs of doing so including the collection of the un-driveable vehicle. I have been advised to put this in writing to the dealer and give them one chance and once chance only to either come and collect the car and repair it, or agree to a local repair where I am. If they fail to do either of the above I will simply commence legal proceedings and I cannot see them having a leg to stand on. I suspect once I deliver an NIP on their doorstep they will cough up! "23Right to repair or replacementE+W+S+N.I. This section has no associated Explanatory Notes (1)This section applies if the consumer has the right to repair or replacement (see section 19(3) and (4)). (2)If the consumer requires the trader to repair or replace the goods, the trader must— (a)do so within a reasonable time and without significant inconvenience to the consumer, and (b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage)."
  3. The iron is a Breville 2400W Digital iron. This morning, like every Monday, I was heating up the iron (2/5th setting) like normal. I put my trousers on the board and then as soon as the iron touched the nylon trousers, it stuck to it and burnt a hole in them. They were my only decent pair, and fairly new which were £40 from Debenhams. I've done this many times before without any issues, it just looks like now that the iron heated up much more than it should have. I could prove this too with an infrared heat sensor. http://imglnk.uk/img?i=yepJVY http://imglnk.uk/img?i=BYuVIZ Even the ironing board cover melted slightly. What shall I do about this?
  4. Hi I have an advent laptop bought in Jan 2009 and insured through know how--pay monthly for this insurance. Had a problem with currys charger couple months ago and exhanged it for a new one at currys as they said it was faulty. I also burnt my wrist on the lap top..seemed to catch the edge of my wrist when moving lap top on table at home. I've sent lap top with all updates to currys (knowhow) they collected it as a dangerous product? but could find no problem..and not overheating. They are not prepared to provide me with a new laptop, just a service and to replace a chip on front work area of laptop. They have gone to their solicitor for advice on my claim for my burn. I've said there is definitely something wrong with it if not with the old charger. Any advice here?
  5. On the 28th of October I bought my daughter a second hand Suzuki Swift which was immaculate and came with a 3-month warranty. I have since found out that the garage offers the warranty - not with a recognised Insurance company.The car had done 69000 miles with full service history. After 1000 miles the clutch has started to slip badly. I contacted the garage and they told me they would not repair it as it is normal wear and tear. I therefore contacted them again and asked that the clutch be repaired under the 'sale of goods act. This is the letter I sent to them: 29/11/2012 Dear Sir. On the18.10/2012 we travelled down to Blackburn to purchase a Suzuki Swift from youas a present for our daughter. We have a receipt stating that there is a3-month warranty on the vehicle. To date,with the mileage at 71000 the clutch has failed. We have only driven the carfor just over 1000 miles I havecontacted you today with regard to a claim on the warranty, and have been toldthat the clutch is not covered, therefore, I do not wish to make a claim under your warranty for the clutchfailure, I wish to make a claim for the repair of the clutch under ‘The Sale ofGoods Act’ The Sale ofGoods Act states that if a failure occurs within 6-months of purchase, then thefault was there when the item was purchased from you. Therefore, Iask that a decision is made within 7-days that you either, repair, replace, orrefund the monies paid to you. I enclose aquotation from a small local garage (rather than a main dealer which would betoo expensive) for the cost of the repairs. If youdecide to repair the item yourself then you would have to make arrangements torecover the vehicle. As a gestureof goodwill I would be willing to pay £50.00p towards the repairs. I hope thatwe can come to an amicable agreement, but I expect an answer within 7-days. YoursSincerely. This is the reply we had from them: I am saddened to read your letter given that I am trying to help you, the sale of goods act states that faults that occur within the first 6 months of sale must be proved by the supplier not to be evident at the point of sale, given that you collected the vehicle from Blackburn and drove it back to Anglesey and have since been driving around in the vehicle since the 18th of October it seems reasonable and just to suggest that the clutch was in good working order at the point of sale and legally speaking this would be sufficient, however not withstanding this point I am trying to be reasonable and fair with you and your daughter and having met you and you myself thought that I could have arranged the repair to our mutual satisfaction, I have just called the first parts supplier in the local directory up and asked them for a price on the part only, they quoted £49.10 plus Vat compared to the price you have quoted me of £145.15 plus Vat, a large difference I am sure you will agree, my local garage have Quoted me £50 plus Vat to fit a total cost to me of £99.10 plus Vat compared to your quote of £285.15 plus Vat, a huge difference I am sure you can appreciate. Given the above information and the fact that I try to be more than amicable and pretty flexible with my valued customers I will offer to replace the clutch at my local repairer and ask that you call to make those arrangements with myself even though the part is diminished through fair wear and tear for a vehicle of this age and mileage and not an actual mechanical failure. If you still feel that this is not acceptable I can only advise that you speak with the OFT trading standards. The problem is is that I cannot get the car to them to have the repairs carried out, without it costing me a great deal of money (a recovery company quoted £300 !!) I have been told that under the sale of goods act in trying to get the repairs done I should not be out of pocket - Can someone advise me please? Many Thanks
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