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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69378
Experience:  Over 5 years in practice
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HI IM A CAR DEALER AND A REPUTABLE ONE TO BE FAIR HOWEVER A

Customer Question

HI IM A CAR DEALER AND A REPUTABLE ONE TO BE FAIR HOWEVER A CUSTOMER PURCHASED A VEHICLE AND HAD PROBLEMS THEY HAVE NEVER BOUGHT THE CAR BACK TO BE REPAIRED , THEY DUMPED IT IN A COMPOUND NEAR TO THEM SOME 100 MILES FROM ME AND TOLD ME IT HAD BEEN REJECTED AND RETURNED TO SELLER WHEN INFACT IT HADNT . PLUS THE LADY IN QUESTION TAKING ME TO COURT DIDNT PAY FOR IT NOR IS SHE ON THE INVOICE INFACT I NEVER MET HER . HOW DO I DEAL WITH THESE PEOPLE IT WAS A 11 YEAR OLD 90,000 CAR FOR £1500
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

What exactly would you like to know?


Customer: replied 3 years ago.

basically where i stand in a court of law in repect of the sales of goods act . basically ive been advised that if i enter into a contract its actually the person who paid for the car and whom invoiced to . my other gripe is that these people ruined the car vby continuing driving after the fault occurred . another thing how can these people text me and say its not our car weve rejected it and returned to seller when they didnt they left it in a compound for 3 mnths and i had to pay to get the car removed before the storage got far to high . i have asked the people to return the car all along to be repaired they never did . they simply left it in a compound near them . they attempted to get the monies back via the credit card company they didnt i won that do i have any chance or shall i just pay up even though its cost me a lot of money already to get the vehicle released .

Expert:  Jo C. replied 3 years ago.
I'm not sure on what basis this car has been rejected?

What was the fault?
Customer: replied 3 years ago.

for jomo1972 the car developed a gearbox fault however my website offers no warrantys on cars over ten years old and all mechanical inspections and testdrives are encouraged . anyway the fault was a rubber oild seal failure and the guy initially found fault i asked him t return the car as they were 35 miles away instead they decided to get the car recovered and take it home some 100 plus miles away !!

Expert:  Jo C. replied 3 years ago.
How serious is that type of fault?

Customer: replied 3 years ago.
The fault is gearbox failure which I have no problem with k want to know where we stand in the fact they didn't return the car and k had to lag extortionate and totally uneccassary costs which could have all Been sorted if they had returned the car immediately us stopped the car immediately instead of carrying on driving the car to a point if none repair regards
Expert:  Jo C. replied 3 years ago.
Would it be possible to give me the information I asked for?
Customer: replied 3 years ago.
What more do you need ??
Expert:  Jo C. replied 3 years ago.
I need to know how serious the original fault was?
Customer: replied 3 years ago.
The gearbox failed
Expert:  Jo C. replied 3 years ago.
Yes, and how serious is that?

How easy would it have been to repair?
Customer: replied 3 years ago.
To repair £500 no the car is scrap the gearbox will cost motd than the cars worth . That I'm not to fussed about its the who is entitled to take me to court I want to know if the gentlemanz wife has right tl take me to court even though Ive never met the woman .
Expert:  Jo C. replied 3 years ago.
To reject a car under the sale of goods act you have to show a pretty catastrophic faults that I'm not sure really is made out here.

I understand your point. Your view is that it was beyond economical repair and so you would not have done so but that does not deal with the issue of whether they ever had a right to reject.

In any event, you are absolutely right. You have no contract with this lady and so she has no right to sue upon it. You can apply for summary judgement to have the claim struck out on that basis.

Of course, that does not mean that he could not bring a claim against you afterwards so that remedy is only short lived.

Also, I'm not sure this does amounts to proper rejection. If you're saying that this vehicle was put beyond your reach in a locked compound then that is not rejection as you are entitled to the car back either by delivery or by collection.
Customer: replied 3 years ago.

i appreciate your help ive been in the motor trade 25 years and this is my first court case . i feel it could have been avoided but the lady in question just kept reciting the sales of goods act instead of spending time trying to remedy the problem in hand . i freely admit the car developed a fault shortly after leaving us but i honestly feel they drove the car to utter destruction . he even text me to say he had found a fault i said stop immediatly and get the car recovered to me . several hours later and some miles he text again to say the car had infact died . i feel absolute disgusted that these people expect me to pay above what i feel a reasonable amount , she wants her full monies £1500 plus expenses totalling £1700 nearly even though i had to pay £400 to get the car out of a compound in january as the costs of storage would now be nearly £1000 !! . do you think i should get a solicitor to represent me as im sure by reading my letters my litracy isnt the best , ha ha . however im old school and i know right and wrong ways of doing things. oh plus the credit card company rejected her claim . ps finally ill leave you alone after this how do i get her out of the picture i mean do i ring the court or shall i get a solicitor to sort it kind regards michael

Expert:  Jo C. replied 3 years ago.
If you wouldn't have repaired the car though anyway they are entitled to a full refund.

You can counter claim for the £400. They can't just dump it in a compound.

You don't need a solicitor necessarily. The judge will apply the law to the facts. You just need to make sure you attend.

On the forms though you will be given an option to apply for summary judgement. Your contract is not with her and she has no right to sue upon it.
Customer: replied 3 years ago.
I offered all along to repair it they said they couldn't afford to return it even though I offered fuel costs
Expert:  Jo C. replied 3 years ago.
Then you would have to challenge whether or not the fault was significant enough to justify rejection.

Doesn't sound it on the face of it.

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