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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.

Edited by neversever

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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? It is declared SORN, I have it parked on the road outside my house - is this OK?

 

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.

 

 

 

 

if you have declared sorn on the car statutory off road notification you say you have it parked on the road outside your house. that is not off the road if they come along and clamp the car and remove it you will have a lot of problems trying to sort that out. as it states it must be kept off the public road.

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Hi and welcome to CAG.

 

If you are rejecting the car and have written formally to the seller to inform him as such, then it is really his responsibility to collect it if it isn't taxed/insured. But in the meantime while you are the RK, you must keep it off road as you remain responsible.

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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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?

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No, rejecting it is just that, you are saying that you do not accept the goods and the contract is void so the car remains the property of the dealer but he owes you your money back. As for money spent on repairs, you will probably have to go to court to recover that as the dealer will say that you were not authorised to make such decisions without his say so.

You need to give him formal notice of rejection under the SOGA and state that they are not fit for purpose or merchantable quality/as described.

make sure you describe where the problems are and why it is the sellers fault.

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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!

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Obviously without knowing the whole story, it's difficult to advise accurately. But from what you are saying so far, there was obviously a dispute before you rejected the car.

 

The question begs though, is why have you waited until now before issuing proceedings? Normally when you reject a car, you give about 14 days for the seller to provide a re-fund and then issue a claim in the small claims court.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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The reason I have not taken him to court is because we have been negotiating with numerous offers back and forth.

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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?

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yes under SOGA it is.

 

tell him to go take a hike

 

or you will return the car and demand a full refund.

 

dx


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You can't sign away your statutory rights even if you wanted to.

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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?

 

Definitely. As said, tell him he either repairs the car at NO COST to you, or you want your money back.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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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?

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what have you actually claimed for in your court papers? You really should have taken the car back, given notice of rejection and left the car there and sued for all of your costs. Doing it this way will cause you more trouble because you will end up back at court over the other matters as the seller certainly isnt going to help you and never had the intention of ever doing so.

You can ask for any discount you want, I dont see you getting anywhere without the force of law though and the law wont negotiate a discount.

The not as described bits are really to do with misleading advertising and should be taken up with trading standards, who will do little about an individual complaint of this nature but look for a pattern so you might get lucky if you are not the only person to have been ripped off by this dealer.

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what have you actually claimed for in your court papers? You really should have taken the car back, given notice of rejection and left the car there and sued for all of your costs. Doing it this way will cause you more trouble because you will end up back at court over the other matters as the seller certainly isnt going to help you and never had the intention of ever doing so.

You can ask for any discount you want, I dont see you getting anywhere without the force of law though and the law wont negotiate a discount.

The not as described bits are really to do with misleading advertising and should be taken up with trading standards, who will do little about an individual complaint of this nature but look for a pattern so you might get lucky if you are not the only person to have been ripped off by this dealer.

 

 

 

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?

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Any discount should have been negotiated at the time, the law only compensates you for your actual loss not a sum randomly chosen some time after you purchased an item. You agreed a price and paid, that creates the contract and the sale of goods Act gives you certain rights under contract law, namely the goods should be as described, fit for purpose and of merchantable quality. Now, if you werent aware of the ownership and mileage problems you should have taken it straight back and demanded a refund. No court will ever award you part of the value of a vehicle because value for money is an ethereal concept.You should have rejected the vehicle when you realised that it had problems and the dealer wasnt going to help you. There is no copurt in the land that will let you keep the car and get a discount so dont even go there otherwise you could lose your claim in its entirety. Stick to what you have lost and use the other bits as evidence of bad faith on the part of the dealer, which will help tip the balance of probability strongly in your favour.

So, in brief, you want a refund of recovery costs and the faults putting right within x amount of time or a full refund on the cost of the vehicle. Chances of getting a fill refund is reduced because you have spent all of this time faffing about rather than just taking the car back.

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Under SOGA there are two remedies. You can either reject the goods entitling you to a refund (rejection is not available in all cases), or you can claim daamges to put you in the position you would be in if the seller had provided a car which compliaes with the sale contract (damages are always available).

 

Damages would normally include the difference in value between the car you should have received and the car you did receive, plus repair costs. Damages are not technically a reduction in the purchase price or a discount, but they amount to the same thing.

 

I am always a bit dubious about SOGA claims in the used car market, since it is very common for used cars to develop problems. But if you have decided to go down the court route, you should probably claim for the repair costs so far and future repair costs to bring the car up to scratch. If the repairs would fix the problems you cannot claim additional compensation on top of this, because the car would then be fixed.


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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..?

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As per 48C (2), you can require a reduction in the purchase price where the goods do not conform to the contract, but only if (a) the buyer is allowed to require repair or replacement because it would be impossible/disproportionate or (b) the seller has failed to repair/replace after being requested to do so.

 

If you do not meet either condition (a) or condition (b) then s48C does not apply to your case.

 

In reality it does not matter. Your remedy is to claim for damages for breach of contract, which is the usual remedy for breach of SOGA. SOGA says it is part of your contract that goods must be satisfactory quality and fit for purpose; damages for breach of contract are common law not statutory so you will not find anything in SOGA which actually says "you can claim damages".


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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!

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On what date did you buy the car neversever ?

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I presume you mean (a) the buyer is NOT allowed to require repair or replacement because it would be impossible/disproportionate?

Yes that's what I meant.

 

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.

 

OK, that's fine.

 

I fear I have overcomplicated this. I do not think it matters whether you put on your Particulars of Claim that you are claiming a reduction in purchase price or damages. They amount to the same thing. I would put both.

 

Could you please explain the difference between statutory and common law? Thanks!

 

Statute means that the law is clearly written down in legislation such as the Sale of Goods Act. Common law means principles developed through decided cases. When something is common law there is no particular authoritative piece of legislation I can point you towards to show the answer, so there is no section in SOGA which actually says you can claim damages for breach of the implied contract terms about satisfactory quality/fitness for purposes... but this principle does exist and is consistently applied by the courts.


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