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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22402
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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i bought a used car last year and it broke down as i drove

Customer Question

i bought a used car last year and it broke down as i drove it out the showroom. i asked for my money back but he said no as i had signed a receipt saying no warranty. he said he would fix it so the next day i picked it up and all seemed fine. 5 miles later the same fault occurred. The dealer was less helpful this time telling me to get the vehicle recovered. I got the aa report saying it needed certain parts and got this confirmed by my garage. The dealer sourced parts and i got them fitted. The next day i drove the car to work and it broke down again with more faults showing. The aa had to recover me again. I got another report from the aa saying the wiring had some major alterations to it and i should take the car back. The dealer stopped taking my calls. So i wrote to him by recorded mail saying i wanted my money back. He replied saying there was no warranty with the car and if i took him to the small claims court he would take me to court for breach of contract. I am stuck with a car which doesnt work and has never worked since buying it. The dealer has now scared me off taking the matter to the small claims as i cannot afford to be taken to court. Where do i stand? Is he just trying to scare me off? Or does the sale of goods act outweigh his claim i had no warranty?
Thanks i am getting all stressed out about this
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
How long have you had the car now? How much was it? Have you been to trading standards?
Customer: replied 3 years ago.


I bought the car end of october. Then it was about end of november the parts were sent and fitted. The car was only £895 but its going to cost 5-600 to get fixed basically rewire the whole car maybe even need a new ecu which are not cheap. He is blaming my garage for not diagnosing the fault properly. Which i think is a bit of a cheek when he never repaired the fault the first day it broke down all he done was reset all the faults! I have spoke to citizens advice and they say the sale of goods act should cover me and to go to small claims. Not been to trading standards there is not one in my area.


 

Expert:  Stuart J replied 3 years ago.


I
can probably only expand what you have already been told.

Every
local authority has a trading standards department, so ring the council and ask
to speak to them. They may refer you to citizen's advice (please note this is a
citizen's advice, not the citizen's advice bureau, which I think is where you
went). Citizens advice has taken over from consumer direct. The local trading
standards gathers intelligence on rogue traders and may already be on this
person's case with regard to other dodgy transactions.



There
is case law on cars and you have to reject it within seven days.



I
think you did that and he simply refused to accept it, by telling him when it
broke down is you drove out that you wanted your money back.



Keep
accurate notes of exactly what happened on what day.



You
have already been told that the Sale of Goods Act applies and I agree.



Don't
be intimidated by the garage owner saying that he will sue you for breach of
contract, he is talking rubbish.



He
has clearly got no intention of paying for the repair or re-funding you.



I
would therefore write one more letter to him and send it by both first class
post and recorded delivery.



I
would tell him that under the Sale of Goods Act. The car is neither fit for
purpose, nor of satisfactory quality. He cannot rely by writing on the receipt
after the transaction has been concluded, the words "no warranty" unless it was
agreed before the contract was concluded that you were buying scrap.



I
would tell him that unless you refuse you within seven days, (give him until a
particular date, rather than a number of days) you will sue him in the Small
Claims Court for the full value of the car, and an amount of money in respect
of taxis transport telephone calls and inconvenience while the car has been
broken down.



I
would not enter into any more correspondence, regardless of what he may or may
write back to you, on the eighth day, I would issue small claims court
proceedings detailing exactly what I'm claiming for. The court will then decide
whether he should give you the money or not. You can issue small claims court
proceedings quickly and simply here www.moneyclaim.gov.uk



I
certainly wouldn't be exchanging any more correspondence, but you do have to
warn him before issuing proceedings.



The next
part is really important for me:



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The thread remains open. Thanks

Stuart J, Solicitor
Category: Law
Satisfied Customers: 22402
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Stuart J and other Law Specialists are ready to help you
Customer: replied 3 years ago.

On my second letter i said final letter before action this is when he said he would proceed with court action against me.

Expert:  Stuart J replied 3 years ago.
In which case I would issue moneyclaim today. It will land on his mat by weekend

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