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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70720
Experience:  Over 5 years in practice
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bought an ex army ATV springer from Witham motors october

Resolved Question:

bought an ex army ATV springer from Witham motors october 28 th £5000.00 plus vat £6000.00. on delivery no gearbox brakes electrical instruments gear lever cables starter motor email them immediately and said that i had been seen off and they replied that it was my fault that i did not view the goods .
I took the vehicle to the manufactures and they said it was uneconomic to repair
Have i A case to get some money back
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

Could you explain your stuationa little more?

Did they say that all these parts werent on it?
Customer: replied 2 years ago.

on the advert no but when the receipt came after the vehicle arrived it said some parts missing but not the main part of the vehicle

Expert:  Jo C. replied 2 years ago.

When it said “some parts missing” why didn’t you ask what was missing?

Customer: replied 2 years ago.

because the vehicle was delivered and I could see all the major parts gearbox ,brakes and parts of the engine were missing.before the receipt was received by post which stated springer atv some parts missing

Expert:  Jo C. replied 2 years ago.

If it has substantial or even any parts missing which is nothing good working order, then they should tell you that it’s got substantial parts missing and they should do so in the advertisement. If they do not do so, you are entitled to assume that it is in good working order and complete

As it stands now, they are in breach of the provisions of the Supply of Goods and Services Act in that the goods are not as described, they are not fit for purpose and they are not of satisfactory quality.

You are entitled to return the goods for a full refund.

Although you are entitled to return the goods for a full refund, you may find that it difficult to get the money out of them and unless they actually accept they have misled you. The fact that it may have said on the paperwork that you got at the time of delivery, that there are parts missing is absolutely immaterial.

If they will refund your money, then your only alternative is to take them to the Small Claims Court. You need to write to them if they will not refund you and tell them that unless they refund you no later than the next 10 days, you will take them to the Small Claims Court without further notice.

Here is the link to the Small Claims Court for you.

www.moneyclaim.gov.uk

Can I clarify anything for you?

Jo C. and 3 other Law Specialists are ready to help you