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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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hi the problem i have is i bought a car on the mainland i live

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hi the problem i have is i bought a car on the mainland i live on the isle of wight, the car needs some body work repaird
s done to it, the car dealer said they would do the repair work. because they will not pay the garege on the island to do so because of the labour charges, which in a way i can under stand that, they have said they will pay for the ferry trip over to the mainland and give me a free curtesy car, which they should anyway, the problem i have is 1st the time and trouble for a friend to take the car back up to woking, where it came from, i cant because i work split shifts 7 days a week. which is why i coudnt collect the car in the first place which the garege was told this. which means my friend has to take another day off to take the car up, then take a further day of to cross the water a second time. the garege did say they would drive it down when repaired to the isle of wight ferry, which is only right, i spoke to the owner of the garege, he said they would fix the car and do all repair work at their workshop, but not on the island. i said im not happy about all of this the car should of been looked at when it was in their work shop, having the inspection done to it after i bought the car over the phone. when i said to the owner best thing to do is bring car back to you and take my trade in car car and refund the difference in price his words were your old car is in manchester now and is sold. yet its been advertized on their web site as NOT SOLD, yet when i partner phoned the dealership this mormning to ask if my old car that she had seen on their website was still for sale the answer was YES ITS STILL FOR SALE AND WILL BE BACK AT THE GARAGE IN ABOUT 1 WEEK AS THE BOSSES WIFE IS DRIVING IT AT THE MOMENT. what i would like to know is can i force them to pay the labour rite and have the work carried out at the garage on the island and they have no choice but to pay for it,,, have i got no choice but to let them fix the car or from a legal point can i say give me my old car back i will engage a solicitor, can i do this if i choose to have my old car back and they say no to me, how far can go please advice, thank you??????

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

So, in short, they want you to deliver the car to avoid them having to collect?
Customer: replied 3 years ago.

yes take the car back to them, they will fix it then they will drive back to portsmouth once its fixed and collect their courtesy car back up. so when trip down to me and one trip to return car back on them, im just not happy about all of this, worst time of the year for me in my trade, do i have to put up with this can i force them to pay for work plus labour charges, to be carryed out on the ilse of wight where i am, do i have no choice but to agree or can i have my old car back.???

Whats the cost of the repair roughly?
Customer: replied 3 years ago.

if the work is carried out on the island about 350 pounds to repair andabout 650 pounds labour, thats why they said no to it being done where i live if it was a couple hundred pounds then they would of agreed for work to be done, thats why they want car back to there work shop, but its all the trouble for me if the car goes back to them.

Yes, you can understand their position but then they have to arrange collection.

Clearly the Sale of Goods Act applies to this situation. They seem to accept that by offering a repair at all. If the SGA applies then the obligation is theirs to arrange collection. It might well be unprofitable for them but thats a misfortune that they have to bear.

That said, whatever should be happening, the fact remains that they will not do that.

The only way to enforce is this. Send them one letter giving them 28 days to arrange collection and making clear that in default you will get the work done and sue them. That is very likely to be the resolution of the matter because they will not want to bear the addition cost.

If they do not respond favourably to that then just pay for the work at a local garage and sue them here

You would win on these facts.

Hope this helps. Please let me know if you need more information.


Customer: replied 3 years ago.

yes but can you tell me can i do all this, can i tell them all this on the phone and send aletter aswell? can i also ask for my old car back,??? can i really sue them if they say no to picking the car up from portsmouth, and not giving me a coutesy car.???

Yes, you can do this.

Its not a good idea to tell them over the phone. There is no paper trail.

If this is a part exchange then you can't ask for your car back unless you are going to try to reject this which is hard to do.
Customer: replied 3 years ago.

ok i know about my old car now, no i just meant i would write the letter you said about sueing them, i just thought i would tell them what would happen, but my last question to you before i rate your exertlent service you have provided,is from what your saying is its sdone to them to drop of a courtesy car down to portsmouthfor me to use then return my car when the repair work is done back down to portsmouth, to give me back my car and picking up their car, if they dont agree to this, then i can have the work carried out on the isandtheni cansue them ijust want to be 100%right so i dont get stuck will the bill if im ushed todo this...????

No, ask them to collect your car from your address.

Tell them that if they don't you will have the work done locally and sue.

If they do not then get the work done although get a selection of quotes and choose the cheapest.
Customer: replied 3 years ago.

you mean i can tell them i have seeked legal advice and they have to cross the water to pick the car up, they did say they would pay the ferry crossings they didnt have a problem with that, so i can say everything is all down to them either pick the car up, or i will have th worked carried out and wil sue them for the cost of repair, last question is if they say they are not picking up and go a head sue us. we are covered with what were going to do icarry on or they caling limy bluff,???

This is a question and answer site so not legal advice.

Just write to them in the terms I suggested above. There is no need to quote law or make the point that you've had advice.
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