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is anyone clued up on where i stand with the SOG act


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any advice would be greatly appreciated,

 

We brought a car in July 2005, we reported a fault about 4 weeks after taking delivery. It has been in for repair over 20 times, we have written a letter to say that we rejecting the car under the sale of goods act 1973, as they have exhausted the amount of times to repair it, so i want the car replaced or exchanged. They have said that they will defend this if i take further action and they have said in writing the reason is that the faults we KEEP experiencing are what they consider to be minor.

 

But i thought the sale of goods act said that things have to be free from Minor defects.

 

have they confirmed by this they are wrong, or not.

 

I really need some advice as do nt feel safe in the car anymore and they clearly dont know what they are doing because the carr keeps getting repaired.

 

I sent a SAR request for complaints and service records but they havent sent them and said that they dont have comprehensive records???

 

Any advice would be appreciated

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where did you buy the car from?

 

the SOGA will protect you from minor defects, but as with everything there are time limits which aren't written in stone..

 

in addition, it would also depend on what the faults are, the age of the car etc.....

 

anyhow, enough with the negativity!! the main thing you would have to prove should it go further (i.e. litigation or court) is that you have given the retailer ample opportunity to rectify the faults and/or discharge himself from the legal obligations set out in statutes.

 

the sales of goods act basically states that the goods have to fit for the purpose, free of defects etc AT the time of sale, and a case would be dependant on this point -the actual time of the contract being executed...

 

my advice here? go to the CAB or consult a legal advisor, normally free if you have legal cover with either the RAC, AA or house insurance.

  • Haha 1

Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

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After more than two years you would not be able to reject the goods. It's simply too late to do that.

 

What is the nature of the fault(s)?

Here to help!

 

Good with employment, disability and welfare/benefit questions :rolleyes:

Just ask!

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Was the car new or used?

Did you buy it from a company/trader and not a private seller?

What are the faults that have occurred with the car, how much time have you been unable to use the car?

Are the faults repairable by another company or will they occur no matter what?

Can you gather enough proof to show that the quality of the car was not of a satisfactory quality when you brought it, and that all the faults are hidden defects not able to be seen when having a usual examination of the car?

 

Sorry for all the questions, regarding rejecting you would not be able to claim a refund under non acceptance but dependent on the circumstances could request an exchange/replacement or rescind from the contract but it would depend on the answers to the above.

 

(To be really fussy its the Sales of Goods Act 1979 (as amended), not 1973)

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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