Got my court date, what do I need to take?
19 May 2014, 08:10 AM
#32
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Just tell the truth and let the court decide, all you need to do is be certain on dates and actions that took place and have evidence to back it up, not much more you can do than that.
19 May 2014, 12:10 PM
#33
Ok so I spoke to a solicitor and he laughed, I delayed the repair to get other faults repaired to try and save the dealership money and then tried to get the car fixed all within 6 months. I really felt bad about asking them for money, because they we're so helpful when I purchased the car.
He said they don't have a chance. You are water tight for 6 months. Don't back down.
Seems like good advice.
He said they don't have a chance. You are water tight for 6 months. Don't back down.
Seems like good advice.
19 May 2014, 07:23 PM
#34
I went through the exact same at the beginning of the year with a evo 9.
First off my mentality told them I would drive it through there showroom window...this ended up with the dealer sending local plod to me for a quick chat (and some good advice!)
I think it was lucky welsh chap or something off here who advised me to go county court.
I did and as soon as they received the paperwork they contacted me by post stating if I could get it back down south they would sort it.
In the end I sent it back on a low loader , had it repaired and they transferred money to cover the low loader and all my travel expenses to collect.
A 2 bit back street car pitch may not give a **** about going to county court , lucky for me they was a decent sized dealer.
Even the people at county court said to me 9/10 will pay up before going to court , so stick to your guns.
Also you can add all your expenses to the claim , going to court/time out of work etc
First off my mentality told them I would drive it through there showroom window...this ended up with the dealer sending local plod to me for a quick chat (and some good advice!)
I think it was lucky welsh chap or something off here who advised me to go county court.
I did and as soon as they received the paperwork they contacted me by post stating if I could get it back down south they would sort it.
In the end I sent it back on a low loader , had it repaired and they transferred money to cover the low loader and all my travel expenses to collect.
A 2 bit back street car pitch may not give a **** about going to county court , lucky for me they was a decent sized dealer.
Even the people at county court said to me 9/10 will pay up before going to court , so stick to your guns.
Also you can add all your expenses to the claim , going to court/time out of work etc
20 May 2014, 07:40 AM
#35
Ok so I spoke to a solicitor and he laughed, I delayed the repair to get other faults repaired to try and save the dealership money and then tried to get the car fixed all within 6 months. I really felt bad about asking them for money, because they we're so helpful when I purchased the car.
He said they don't have a chance. You are water tight for 6 months. Don't back down.
Seems like good advice.
He said they don't have a chance. You are water tight for 6 months. Don't back down.
Seems like good advice.
Solicitors are lying horrible *******s at the best of times..They dont care one iota if you fail with costs...As long as they get their money,they are fine..
Let us know how you go on,as this interests me.Are you using the "reversed burden of proof" standpoint to argue your case ?
What is/was the actual fault on the car ?
Last edited by fatscoobfella1; 20 May 2014 at 08:00 AM.
20 May 2014, 08:17 AM
#36
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How did the solicitors words leave his lips?
Was it dry monotone eg Brian Perkins or was it there a Rowan Atkinson black adder element to it.
Are you quite sure you couldn't detect a low snigger and the word 'sucker' as he passed you down the corridor to pay the secretary
Was it dry monotone eg Brian Perkins or was it there a Rowan Atkinson black adder element to it.
Are you quite sure you couldn't detect a low snigger and the word 'sucker' as he passed you down the corridor to pay the secretary
20 May 2014, 10:29 AM
#37
Fingers crossed for you...
Solicitors are lying horrible *******s at the best of times..They dont care one iota if you fail with costs...As long as they get their money,they are fine..
Let us know how you go on,as this interests me.Are you using the "reversed burden of proof" standpoint to argue your case ?
What is/was the actual fault on the car ?
Solicitors are lying horrible *******s at the best of times..They dont care one iota if you fail with costs...As long as they get their money,they are fine..
Let us know how you go on,as this interests me.Are you using the "reversed burden of proof" standpoint to argue your case ?
What is/was the actual fault on the car ?
Yes, basically fault was caused by condensation in the light clusters, which over time has caused corrosion and shorts now and then. I didn't notice it because the weather was good and the lights work fine when you turn them on at first.
Friend of mine works in the IT department of a large firm, the guy I spoke to seemed to know his stuff, he quoted a few sections of things and asked me to send him everything I have if I want his formal report.
20 May 2014, 12:05 PM
#38
I think you will find it a "realistic" outlook.. 
Having dealt with solicitors under similar circumstances on many occasions i can honestly say that i wouldnt believe a word that came out of their mouth..
So... are you claiming for condensated light clusters or the corroded wiring from there on in ?
Having dealt with solicitors under similar circumstances on many occasions i can honestly say that i wouldnt believe a word that came out of their mouth..
So... are you claiming for condensated light clusters or the corroded wiring from there on in ?
20 May 2014, 12:51 PM
#39
I think you will find it a "realistic" outlook..
Having dealt with solicitors under similar circumstances on many occasions i can honestly say that i wouldnt believe a word that came out of their mouth..
So... are you claiming for condensated light clusters or the corroded wiring from there on in ?
Having dealt with solicitors under similar circumstances on many occasions i can honestly say that i wouldnt believe a word that came out of their mouth..
So... are you claiming for condensated light clusters or the corroded wiring from there on in ?
As for your outlook, I do appreciate it, it's good to get the otherside of it.
I hate all this.
21 May 2014, 06:37 PM
#43
So...
Condensation formed in the xenon light,the water settled and frazzled the ignitor pack/Control for AFL ?..
Did the damage go further,or is this all that your claiming for ?
Condensation formed in the xenon light,the water settled and frazzled the ignitor pack/Control for AFL ?..
Did the damage go further,or is this all that your claiming for ?
Last edited by fatscoobfella1; 21 May 2014 at 07:03 PM.
23 May 2014, 06:02 PM
#49
No..Ha ha..
I repair a lot of Vauxhalls......For no good reason we have become somewhat of a "specialist"...Mainly because they go wrong a lot,and they are kack to repair.
I was just trying to get the timeline of what and how the fault occurred,in turn trying to second guess what maybe the dealer defence.
I repair a lot of Vauxhalls......For no good reason we have become somewhat of a "specialist"...Mainly because they go wrong a lot,and they are kack to repair.
I was just trying to get the timeline of what and how the fault occurred,in turn trying to second guess what maybe the dealer defence.
24 May 2014, 10:26 AM
#53
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There is no such law stating you have 6 months / 3 months. Also no law stating dealer must give you any type of warranty.
Onus is on you to prove the fault was there when you bought it and i presume the dealer will have photographs which will show the headlights aren't condensated.
You may also find that the dealer bought the vehicle through an auction house and will probably have a copy of the AA inspection report which most cars come with from auction nowadays.
Good luck though.
(yes, i'm a dealer)
Onus is on you to prove the fault was there when you bought it and i presume the dealer will have photographs which will show the headlights aren't condensated.
You may also find that the dealer bought the vehicle through an auction house and will probably have a copy of the AA inspection report which most cars come with from auction nowadays.
Good luck though.
(yes, i'm a dealer)
24 May 2014, 12:31 PM
#54
The following link refers to guidance for secondhand car dealers. Look at 9.6
http://www.oft.gov.uk/shared_oft/rep...08/oft1241.pdf
The sale of goods act protects the buyer for the first six months. This has been clarified by case law (Rodgers v Parrish 1987).
The sections of the Sale of goods act relevant to you are Part 2 section 14, and part 5a clause 48a through to 48f.
http://www.legislation.gov.uk/ukpga/1979/54
The dealer is totally liable for any faults within the first six months unless he can prove they were not present at time of sale. I had a problem with a Jaguar I bought last year. It had a fault show up two months after purchase costing £2780. The dealer refused any offer of help until I pointed out the law. The only way he could prove the fault wasn't there would be with a diagnostic printout. I had one showing the fault, he couldn't provide anything to refute it. Case closed. He paid for repairs.
Mamoon2, Sorry to contradict, but you are completely wrong.
http://www.oft.gov.uk/shared_oft/rep...08/oft1241.pdf
The sale of goods act protects the buyer for the first six months. This has been clarified by case law (Rodgers v Parrish 1987).
The sections of the Sale of goods act relevant to you are Part 2 section 14, and part 5a clause 48a through to 48f.
http://www.legislation.gov.uk/ukpga/1979/54
The dealer is totally liable for any faults within the first six months unless he can prove they were not present at time of sale. I had a problem with a Jaguar I bought last year. It had a fault show up two months after purchase costing £2780. The dealer refused any offer of help until I pointed out the law. The only way he could prove the fault wasn't there would be with a diagnostic printout. I had one showing the fault, he couldn't provide anything to refute it. Case closed. He paid for repairs.
Mamoon2, Sorry to contradict, but you are completely wrong.
24 May 2014, 02:53 PM
#56
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The following link refers to guidance for secondhand car dealers. Look at 9.6
http://www.oft.gov.uk/shared_oft/rep...08/oft1241.pdf
The sale of goods act protects the buyer for the first six months. This has been clarified by case law (Rodgers v Parrish 1987).
The sections of the Sale of goods act relevant to you are Part 2 section 14, and part 5a clause 48a through to 48f.
http://www.legislation.gov.uk/ukpga/1979/54
The dealer is totally liable for any faults within the first six months unless he can prove they were not present at time of sale. I had a problem with a Jaguar I bought last year. It had a fault show up two months after purchase costing £2780. The dealer refused any offer of help until I pointed out the law. The only way he could prove the fault wasn't there would be with a diagnostic printout. I had one showing the fault, he couldn't provide anything to refute it. Case closed. He paid for repairs.
Mamoon2, Sorry to contradict, but you are completely wrong.
http://www.oft.gov.uk/shared_oft/rep...08/oft1241.pdf
The sale of goods act protects the buyer for the first six months. This has been clarified by case law (Rodgers v Parrish 1987).
The sections of the Sale of goods act relevant to you are Part 2 section 14, and part 5a clause 48a through to 48f.
http://www.legislation.gov.uk/ukpga/1979/54
The dealer is totally liable for any faults within the first six months unless he can prove they were not present at time of sale. I had a problem with a Jaguar I bought last year. It had a fault show up two months after purchase costing £2780. The dealer refused any offer of help until I pointed out the law. The only way he could prove the fault wasn't there would be with a diagnostic printout. I had one showing the fault, he couldn't provide anything to refute it. Case closed. He paid for repairs.
Mamoon2, Sorry to contradict, but you are completely wrong.
I routinely do a diagnostic check on all vehicles I sell and wouldn't sell one with a fault. Plus the fact most faults would throw the engine management light on.
Pimmo's case is different, his seems to be a misted headlight and water ingress. hard to prove it existed when he bought it. He surely would have seen it? Plus dealer will have pictures showing it mist free i presume.
If it were me, i'd simply replace the headlight providing you contacted me straight away. 3 months later?..... No sorry, you could have caused that youself.
I understand the points you are making regarding the "sales of goods act" but proving a fault was present when you bought the car is very difficult.
If i sold you a van (i sell vans) and you came back to me 3 months later and said... for example an injector had gone. I wouldn't entertain repairing it. You could've been screwing it around and 2 ton of rubble in the back and caused it.
Really is a minefield when it comes to used cars. Most items can be put down to wear and tear.
24 May 2014, 03:01 PM
#57
So a simple printout from my diagnostics machine is all it takes to protect myself.
I routinely do a diagnostic check on all vehicles I sell and wouldn't sell one with a fault. Plus the fact most faults would throw the engine management light on.
Pimmo's case is different, his seems to be a misted headlight and water ingress. hard to prove it existed when he bought it. He surely would have seen it? Plus dealer will have pictures showing it mist free i presume.
If it were me, i'd simply replace the headlight providing you contacted me straight away. 3 months later?..... No sorry, you could have caused that youself.
I understand the points you are making regarding the "sales of goods act" but proving a fault was present when you bought the car is very difficult.
If i sold you a van (i sell vans) and you came back to me 3 months later and said... for example an injector had gone. I wouldn't entertain repairing it. You could've been screwing it around and 2 ton of rubble in the back and caused it.
Really is a minefield when it comes to used cars. Most items can be put down to wear and tear.
I routinely do a diagnostic check on all vehicles I sell and wouldn't sell one with a fault. Plus the fact most faults would throw the engine management light on.
Pimmo's case is different, his seems to be a misted headlight and water ingress. hard to prove it existed when he bought it. He surely would have seen it? Plus dealer will have pictures showing it mist free i presume.
If it were me, i'd simply replace the headlight providing you contacted me straight away. 3 months later?..... No sorry, you could have caused that youself.
I understand the points you are making regarding the "sales of goods act" but proving a fault was present when you bought the car is very difficult.
If i sold you a van (i sell vans) and you came back to me 3 months later and said... for example an injector had gone. I wouldn't entertain repairing it. You could've been screwing it around and 2 ton of rubble in the back and caused it.
Really is a minefield when it comes to used cars. Most items can be put down to wear and tear.
I also told them 5 days after purchase and I can prove that. If you refuse to fix it, as a dealer then someone may take you to court and it'd end up costing you more.
The risks you take being a second hand car dealer. An injector however I would class as fair wear and tear based on mileage.
Last edited by pimmo2000; 24 May 2014 at 03:03 PM.
24 May 2014, 03:02 PM
#59
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The following link refers to guidance for secondhand car dealers. Look at 9.6
http://www.oft.gov.uk/shared_oft/rep...08/oft1241.pdf
The sale of goods act protects the buyer for the first six months. This has been clarified by case law (Rodgers v Parrish 1987).
The sections of the Sale of goods act relevant to you are Part 2 section 14, and part 5a clause 48a through to 48f.
http://www.legislation.gov.uk/ukpga/1979/54
Mamoon2, Sorry to contradict, but you are completely wrong.
http://www.oft.gov.uk/shared_oft/rep...08/oft1241.pdf
The sale of goods act protects the buyer for the first six months. This has been clarified by case law (Rodgers v Parrish 1987).
The sections of the Sale of goods act relevant to you are Part 2 section 14, and part 5a clause 48a through to 48f.
http://www.legislation.gov.uk/ukpga/1979/54
Mamoon2, Sorry to contradict, but you are completely wrong.
Subsection (3) above does not apply if—
it is established that the goods did so conform at that date;
So you, actually Sir are wrong
Total minefield like i said.
I'd have fixed it for you tho Pimmo. Sounds like the dealer cleared the fault code and it has come back on as you were driving home. Bit naughty