Car bought 2 weeks ago going back for 3rd time - rights

[Conniff]

First off, sorry your original post got missed.

 

I don't think you are being unreasonable at all and you have gone the right way about things.

 

Did you send your letter by recorded delivery and has it been signed for?

[Conniff]

You can check on line here - http://track.royalmail.com/portal/rm/track;jsessionid=CVXMJCEGZB4H4FB2IGJFFHQ;jsessionid=CVXMJCEGZB4H4FB2IGJFFHQ?catId=22700601&emt=emt&track=track&default=default&imageRootPath=&loc=en_GB&keyname=track_home&gear=track

 

Under the Sale of Goods Act, during the first six months, anything that is wrong with the car is assumed to have been there at the time of purchase, also during that first six months, it is up to the seller to show there was nothing wrong with the car and not for you to show there was.

 

If you want to continue with the rejection, then you do need to send another letter. The courts like to see that an attempt has been made to reach a satisfactory agreement before they are used.

 

The mention of his solicitor is probably just an attempt to make you think twice, but as we know, solicitors have no power.

 

The next letter you send should be headed 'Letter Before Action' and reiterate that they have had 3 attempts to repair the car and that you are rejecting it under the Sale of Goods Act 1979 (as amended), the 'as amended in brackets is part of the title, and the Sale and Supply of Goods Act 1982 as not of 'Satisfactory Quality' or 'Fit for Purpose'.

 

You should give him another 14 days (I know it's a pain in the butt all this time, but it's to show you have tried your best), and end the letter with 'No further correspondence will be entered into'.

 

At the end of the 14 days, you go here - https://www.moneyclaim.gov.uk/web/mcol/welcome and submit your claim. The fee could be £100 but you claim that back off the seller.

 

Most companies like this cave in as soon as they receive the summons.

[Conniff]

A bit more. TS will give you some advice over the phone, but wont intervene on your behalf, gone are the good ole days of your dads era of that sort of service. But you could give them a ring because you can then say in your letter, 'After talking to trading standards .....'.

[Conniff]

I expect Sailor Sam will pick up on this and offer advice again later - when he gets out of bed that is

[Conniff]

We now have the biggest problem of the whole saga though - I'm going to look silly when I go back and say "don't worry about the refund, it was just a balancing weight causing the problem"

 

You don't have to tell him what the problem was, just that you have had it fixed. You can tell him that you will be willing to accept the car if the alarm and boot lid are fixed. If he can't do it, then inform him that you will take it to the dealer and forward the bill to him for a refund.

 

You can also tell him that as the radiator is on it's last legs, which will be classed as fair wear and tear as it isn't leaking, that you would like him to supply you one at cost price so you can change it.

Don't take the loss of some of the heat exchange ribs lightly, it means the others aren't far off and neither are the circulation veins either.