Help needed re Sale of Goods Act
Discussion
Hi guys
Not sure where to post this and hope it comes under "the law" part of "speed, plod & the law"
I have today rejected my wife's car under The Sale of Goods Act due to a recurring fault. The dealer has more or less agreed that the car has an inherent fault and is willing to offer a new car less "reasonable wear & tear". His starting point is a new one at cost less trade in for the old one. I am not prepared to accept that as he will then sell the old one and profit at the expense of our misfortune. My maximum loss is a new one at cost less the retail price of the old one.
So - it is now down to negotiations as to what is defined as "reasonable wear & tear" and what "compensation" is due to us for the aggro of some minor teething niggles and latterly three breakdowns involving the AA. I am happy to accept either a new car or a refund but accept I must pay for the use I have had from the car. The car (I will not name the make or model but each time the AA have picked me up they say "Oh, I've never known one of these breakdown" hence I am prepared to accept this is a one off faulty one) costs £13k new now. was bought just under 8 months ago and has only done 4k miles.
My thoughts are 4k miles at 20p = £800 less the hassle & inconvenience of returning it for numerous niggles & 3 breakdowns so lets call it £250.
If anyone has any suggestions it would be much appreciated and if there are any lawyers out there with knowledge of this area that would be even better
Many thanks
Trev
Not sure where to post this and hope it comes under "the law" part of "speed, plod & the law"
I have today rejected my wife's car under The Sale of Goods Act due to a recurring fault. The dealer has more or less agreed that the car has an inherent fault and is willing to offer a new car less "reasonable wear & tear". His starting point is a new one at cost less trade in for the old one. I am not prepared to accept that as he will then sell the old one and profit at the expense of our misfortune. My maximum loss is a new one at cost less the retail price of the old one.
So - it is now down to negotiations as to what is defined as "reasonable wear & tear" and what "compensation" is due to us for the aggro of some minor teething niggles and latterly three breakdowns involving the AA. I am happy to accept either a new car or a refund but accept I must pay for the use I have had from the car. The car (I will not name the make or model but each time the AA have picked me up they say "Oh, I've never known one of these breakdown" hence I am prepared to accept this is a one off faulty one) costs £13k new now. was bought just under 8 months ago and has only done 4k miles.
My thoughts are 4k miles at 20p = £800 less the hassle & inconvenience of returning it for numerous niggles & 3 breakdowns so lets call it £250.
If anyone has any suggestions it would be much appreciated and if there are any lawyers out there with knowledge of this area that would be even better
Many thanks
Trev
I'd certainly be very dubious about any of this trade v cost v retail nonsense.
Why don't you talk in terms of a refund and forget all about taking another car - at least until you've agreed a "refund" price.
As a good starting point, how about he refunds you the original selling price less an allowance for wear and tear?
(And remember that in the new car sales business "cost" and "retail" are likely to be within a couple of hundred quid, in fact he might even charge you more for "cost" as they may well sell at a book loss in order to qualify for cashbacks from the manufacturer).
Why don't you talk in terms of a refund and forget all about taking another car - at least until you've agreed a "refund" price.
As a good starting point, how about he refunds you the original selling price less an allowance for wear and tear?
(And remember that in the new car sales business "cost" and "retail" are likely to be within a couple of hundred quid, in fact he might even charge you more for "cost" as they may well sell at a book loss in order to qualify for cashbacks from the manufacturer).
BlackStuff said:
As a good starting point, how about he refunds you the original selling price less an allowance for wear and tear?
If you want a replacement car (rather than a refund) my starting point would be a replacement at no cost plus significant compensation for the inconvenience and the grief (how many sleepless nights have you had?) that the car caused you (and your family).
What is it with cars - I can't think of any other consumer item where you would be expected to pay wear & tear if it was replaced under guarantee?
Although liability rests with the supplying dealer, you can rest assured that he will simply pass this on to the manufacturer. Bear in mind that a cars manufacturing cost is typically 50% of its pre-tax retail price, so it's not a disaster for the manufacturer.
of that 4K miles how many were taking the car back to the garage or driving it from the garage. There are also the aborted journeys - how many miles out were there?
Calculate the hours you spent being recovered or taking the car back (and your spouse) - ask the garage what they charge per hour for their servicing - there's a starting point.
Russ
Calculate the hours you spent being recovered or taking the car back (and your spouse) - ask the garage what they charge per hour for their servicing - there's a starting point.
Russ
I suggest that you call Trading Standards during normal working hours, or Citizens Advice. It's best to know exactly where you stand legally before you start negotiating.
If not, and you want to calculate a mileage allowance, use the Revenue agreed rate - this is what the government say you incur per mile. It's pathetically low, 40p per mile for the first 10k miles (see www.hmrc.gov.uk/manuals/senew/SE31240.htm ). At 4k miles that's £1,600.
If not, and you want to calculate a mileage allowance, use the Revenue agreed rate - this is what the government say you incur per mile. It's pathetically low, 40p per mile for the first 10k miles (see www.hmrc.gov.uk/manuals/senew/SE31240.htm ). At 4k miles that's £1,600.
Eliminator said:
If not, and you want to calculate a mileage allowance, use the Revenue agreed rate - this is what the government say you incur per mile. It's pathetically low, 40p per mile for the first 10k miles (see <a href="www.hmrc.gov.uk/manuals/senew/SE31240.htm">www.hmrc.gov.uk/manuals/senew/SE31240.htm</a> ). At 4k miles that's £1,600.
You think that's low, the Government approved rate in Hungary is currently about 11p/mile for 1.4 litre petrol cars, this barely covers the fuel!
>> Edited by kevinday on Saturday 28th May 10:10
Just remember that your consumer rights are indirectly proportional to the amount you spend.
£200 on a basic household appliance and you can see the vendor in The Tower by Sunday night and crucified by lunchtime on Monday.
£50k on a nice sports car, hoewever and the consumer terrorists will laugh (out loud and in your face), call you a profligate exploiter of the Samoan waffle picker and summarise their advice along the lines of "tough sh1t, Gecko-boy."
Bibble.
£200 on a basic household appliance and you can see the vendor in The Tower by Sunday night and crucified by lunchtime on Monday.
£50k on a nice sports car, hoewever and the consumer terrorists will laugh (out loud and in your face), call you a profligate exploiter of the Samoan waffle picker and summarise their advice along the lines of "tough sh1t, Gecko-boy."
Bibble.
I bought a new Honda Civic Type R last June. On the way home I noticed the steering wheel was offset, so next day I took it in to be corrected.
After at least 9 trips to the dealers and 2 weeks with the car in the Swindon factory, they had to admit defeat.
(BTW it returned from the factory with 4 scratched wheels ffs) The steering 'straight ahead position would vary from day to day, hour to hour and was 'unfixable.
I had done 3000 miles, but Honda got me a brand new on on December 18th '04 plus £2000 for the hassle.
The second car leaked water into the drivers footwell. With 70 miles on the clock,it went in for a new windscreen, but still leaked.
They offered to take off the front wings bumper and bonnet to have a better look. I declined their kind offer and they got me a third one after a 3 month wait and 3000 miles. (
)
As they drove the third, unregistered car into the car park, I noticed swirl marks on the fron and rear bumpers and the bonnet from 30 feet away. On closer inspection, there was grey primer on the front scuttle and lots of grey overspray in the engine bay.
I refused that car, politely asking for a new and not repaired version please.
That eventually came in April.
So I have had 9 months or so of free, apart from fuel, motoring and have an '05 reg instead of a '54.
If your car was new, and your enjoyment and appreciation of your purchase was marred, tell them politely to
off. Never mind a reduction for wear and tear, you want to bill them for inconvenience, time and distress.
After at least 9 trips to the dealers and 2 weeks with the car in the Swindon factory, they had to admit defeat.
(BTW it returned from the factory with 4 scratched wheels ffs) The steering 'straight ahead position would vary from day to day, hour to hour and was 'unfixable.
I had done 3000 miles, but Honda got me a brand new on on December 18th '04 plus £2000 for the hassle.
The second car leaked water into the drivers footwell. With 70 miles on the clock,it went in for a new windscreen, but still leaked.
They offered to take off the front wings bumper and bonnet to have a better look. I declined their kind offer and they got me a third one after a 3 month wait and 3000 miles. (
) As they drove the third, unregistered car into the car park, I noticed swirl marks on the fron and rear bumpers and the bonnet from 30 feet away. On closer inspection, there was grey primer on the front scuttle and lots of grey overspray in the engine bay.
I refused that car, politely asking for a new and not repaired version please.
That eventually came in April.
So I have had 9 months or so of free, apart from fuel, motoring and have an '05 reg instead of a '54.
If your car was new, and your enjoyment and appreciation of your purchase was marred, tell them politely to
off. Never mind a reduction for wear and tear, you want to bill them for inconvenience, time and distress.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff