Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
When did you buy the car?
29 oct 2013
From a dealer or private seller?
Have you contacted them about this?
Yes through Barclays Partner Finance and the dealer autochoice Bristol
So the car was bought on finance?
Screen price 9999 part x(NNN) NNN-NNNNcash rest on finance
You will be able to argue that the car is not as described, which is a breach of the Sale of Goods Act 1979. This means you can reject it or ask for a replacement. To reject it you need to do so within a reasonable time. If this was bought in October then it is unlikely to still be within a reasonable time so this may not be an option. Instead you could argue for breach of contract – the contract for the sale was also for a FSH, which was not supplied, as such the contract may have been breached. Whilst you may try and rescind the contract, you cannot force the seller to do so and if they are being difficult about this then you are really looking at taking them to court as your only option in order to try and claim compensation for this breach.
The fsh is only small part of the whole situation since purchasing the car we have only had it available to us for less than half of that time due to a number of faults I am trying to get them to take vehicle back on a number of issues 1 being no service history the other not fit for purpose is there any where I can go on this sort of thing on a no win no fee basis?
No win no fee will be unlikely with these sort of claims as the uncertainty ids too great and there would be considerable risk for a solicitor to take this on, but this will be taken to the small claims court - this is aimed at individuals with no legal representation
At what stage do I need to take this action as I am about to send second letter to both stating my proposals due to existing problems after their first reply was very negative
Legally you have 6 years to make such a claim in the courts so you have time
Do I need to be reporting them to trading standards as part of my reply
you do not have to but that is an option for you
will it be of any benefit to me to do so?
you have nothing to lose, the worst is that nothing happens and things do not change, the best is they take action on your behalf
what is the likely hood of that as I have read up and it seems a liitle grey
no one can predict I'm afraid, really depends on the individual circumstances, the local office that deals with this etc
ok thanks for your time
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Am I right in saying that the contract is between the finance co and me and not the dealer as have been told by cab because have received letter from Barclays saying dealer is not willing to accept vehicle back and therefore they will not continue complaint further