Significance of price

[aljami16]

Hi all

 

Having done letters (3) and a letter before claim (following advice in Patricia Pearl's excellent book) without response from the dealer I have now reached the point where I will submit a claim (for a defective car).

 

My question is that SoGA says price is taken into account. I paid what I considered a good price but how is that to be determined? For example getting a price from the online Glasses guide (traders' bible I believe!) gives a price a bit more than I paid. BUT, if I do search of completed listings on eBay the average price for my car is significantly lower that what I paid.

 

I've done this for several cars as a matter of research - always with the same result - ie actual selling prices on eBay significantly lower that Glasses Guide!!

 

How will a court determine the right price for a car in a particular condition? Can I show that I paid over the top by showing actual eBay prices?

 

Thanks for any help.

 

aljami16

[heliosuk]

Brief answer is no. It depends on many other factors as well. You cannot compare like for like prices unless the car is like for like. Glasses relies on many different sources of information to give a guide to the trade price trade price. E bay is reliant on what people were prepared to pay.

 

Might help if you gave car, year mileage and fault which you are rejecting on details.

[aljami16]

Hi

 

Thanks for your reply. Yes, that makes sense - I just thought that whereas Glasses is a guide eBay prices reflect facts.

 

Thanks again

 

aljami16

[Conniff]

Would you like to give us some more details of the problem aljami ?

 

The significance of price is nothing to do with you paying too much or if the car was worth it, it is saying that you cannot expect as nice a quality car in terms of worn carpets, bodywork damage etc in a £300 car as you would in a £3000 car.

Edited July 25, 2010 by Conniff

[aljami16]

Hi Conniff

 

It's more of a general point. How does a court decide what is the right price for any given car, taking into account its age, mileage, condition, etc?

 

It seems important (maybe) because a dealer can say he sold it a low price so what do you expect. Or a buyer can say he paid a fair (good) market price. It seems relevant because the SoGA says so.

 

I am not talking about huge differences such as £300 v £3000 but , say, £3500 and £4000 and where repairs would cost, say, £500 - £750.

 

Perhaps it's all nit-picking on my part!

[heliosuk]

I can see what you are saying aljami. Essentially, as I understand it, a court relies on what would be reasonable from a reasonable person taking into account the evidence placed before it. This decision would be made on precidents set from previous cases and the laws applicable at the time. It could, and does get quite complex. It is a very interesting question though! Some of of the more legal orientated bods will comment.

 

However, given the figures you suggest, without knowing the full details makes it difficult to give a considered opinion as to what is right and wrong so to speak or to any advice in relation to what a court is likely to take into account.

[Conniff]

It's not nit picking, but if you want to tell us what the problem is, then we will see if we can assist you.

[scaniaman]

Hope that court does not rely entirely on Glasses Fictional Novel!!!!

[aljami16]

Hi

 

Quite! That's partly why I am trying to understand on what basis a court arrives a proper selling price. It's obviously important.

[Conniff]

As I said before, the courts don't consider a proper selling price, they aren't interested in that. In there eyes, if you paid £1,000 more than it is quoted in Glasses, then it's because you thought it was worth that much. It's of no interest to the courts at all.

 

The 'price paid' is considered only in what 'quality' you can expect. You wouldn't expect a £10,000 car to have a leaky radiator, but you wouldn't be surprised it that happened on a £200 car.