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.
Ican probably only expand what you have already been told.
Everylocal authority has a trading standards department, so ring the council and askto speak to them. They may refer you to citizen's advice (please note this is acitizen's advice, not the citizen's advice bureau, which I think is where youwent). Citizens advice has taken over from consumer direct. The local tradingstandards gathers intelligence on rogue traders and may already be on thisperson's case with regard to other dodgy transactions.
Thereis case law on cars and you have to reject it within seven days.
Ithink you did that and he simply refused to accept it, by telling him when itbroke down is you drove out that you wanted your money back.
Keepaccurate notes of exactly what happened on what day.
Youhave already been told that the Sale of Goods Act applies and I agree.
Don'tbe intimidated by the garage owner saying that he will sue you for breach ofcontract, he is talking rubbish.
Hehas clearly got no intention of paying for the repair or re-funding you.
Iwould therefore write one more letter to him and send it by both first classpost and recorded delivery.
Iwould tell him that under the Sale of Goods Act. The car is neither fit forpurpose, nor of satisfactory quality. He cannot rely by writing on the receiptafter the transaction has been concluded, the words "no warranty" unless it wasagreed before the contract was concluded that you were buying scrap.
Iwould tell him that unless you refuse you within seven days, (give him until aparticular date, rather than a number of days) you will sue him in the SmallClaims Court for the full value of the car, and an amount of money in respectof taxis transport telephone calls and inconvenience while the car has beenbroken down.
Iwould not enter into any more correspondence, regardless of what he may or maywrite back to you, on the eighth day, I would issue small claims courtproceedings detailing exactly what I'm claiming for. The court will then decidewhether he should give you the money or not. You can issue small claims courtproceedings quickly and simply here www.moneyclaim.gov.uk
Icertainly wouldn't be exchanging any more correspondence, but you do have towarn him before issuing proceedings.
The nextpart is really important for me:
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On my second letter i said final letter before action this is when he said he would proceed with court action against me.