Rejecting a car

pepsilol said:
You just made that up!



Prove what you said is right...:confused:
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http://www.which.co.uk/consumer-rights/problem/what-do-i-do-if-i-have-a-faulty-product/

In the first six months from when you buy something, the onus is on the seller to prove it was of satisfactory quality when you received it.
If the seller simply says the problem must be due to something you've done, it's for them to prove that.
If something is not of satisfactory quality you have the right have it replaced or repaired for free. You can ask the retailer to do either, but it can normally choose to do whichever would be cheapest.
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Your move
 
[TW]Fox;23809535 said:
Thats not really how it works - you are the one saying something is true, therefore you must provide the proof, not us.



Are you going for ironic post of the year or something?
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Look up the definition of irony. I didn't say someone else was wrong, I pointed out a warranty is irrelevant. Different.
 
mattyprice4004 said:
http://www.which.co.uk/consumer-rights/problem/what-do-i-do-if-i-have-a-faulty-product/



Your move
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Certainly.

You said:

SOGA states in the first 6 months any defects are assumed to have been there at the time of purchase, and the seller must either repair / replace / refund the item
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Whereas your link says:

In the first six months from when you buy something, the onus is on the seller to prove it was of satisfactory quality when you received it.
If the seller simply says the problem must be due to something you've done, it's for them to prove that.
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You categorically stated they MUST repair anything that goes wrong in the first 6 months. Your evidence rightly points out that they need not do this if they can prove the vehicle was of satisfactory quality when received.

There is no automatic super-right to free repairs for 6 months.

Look up the definition of irony.
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Right after you. I felt it was ironic that you complaining people don't back things up when at that point you'd refused to do so yourself..
 
It's implied that they wouldn't repair something down to the user, for example if you pulled the bumper off. That's just common sense.

It's obvious the legislation doesn't apply if you've damaged the car.

I didn't refuse, if you're going to argue a point against what someone has said, you need to back it up.
 
mattyprice4004 said:
It's implied that they wouldn't repair something down to the user, for example if you pulled the bumper off. That's just common sense.

It's obvious the legislation doesn't apply if you've damaged the car.
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They are liable for faults PRESENT AT THE TIME OF SALE. Not things which subsequently fail at a later date. They *may* be liable under the merchantable quality part of SOGA, but this is far from an automatic free warranty and may require court action which could go either way.

Practically speaking it can be difficult to prove a fault wasn't there at time of sale - which is what they need to do to remove liability - but 'difficult' is not 'impossible'.

You need to be very careful when giving advice like this because people could easily take it, make a big decision based on it and then run into trouble when they find out it's actually nothing like as straightforward as you think.
 
It might help to offer to pay for the part. I know it's another £80-£100 but you will get the benefit of knowing that probably won't need doing again in the life of the car.

The labour shouldn't be more than £200-£250 for a dealer to get done. They usually have garages that will work slightly cheaper for them.
 
[TW]Fox;23809638 said:
They are liable for faults PRESENT AT THE TIME OF SALE. Not things which subsequently fail at a later date. They *may* be liable under the merchantable quality part of SOGA, but this is far from an automatic free warranty and may require court action which could go either way.

Practically speaking it can be difficult to prove a fault wasn't there at time of sale - which is what they need to do to remove liability - but 'difficult' is not 'impossible'.

You need to be very careful when giving advice like this because people could easily take it, make a big decision based on it and then run into trouble when they find out it's actually nothing like as straightforward as you think.
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It was worn at the time of sale, it wouldn't just start slipping a couple of days later if it wasn't.

The fault is the wear BEFORE the buyer purchased the car, which caused the subsequent failure. The garage need to repair this.

miniyazz said:
That is for new products. Used products are not expected to meet the same criteria and age/cost are taken into account I believe.
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Goods would be expected to last a lesser time (the SOGA uses the term 'reasonable', so you would take age etc into account) however the 6 month rule still applies, as does the rest of the legislation.

OP, you're probably best signing up to a forum such as Money Saving Expert - there's less keyboard warriors and more people who have a working knowledge of the legislation in question.
 
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Just got back from the dealers. Girlfriend rang them this morning, was polite, explained the symptoms and they immediately agreed it was the clutch and offered to replace it free of charge. Excellent.

We pick it up tomorrow and all should be good, touch wood. \o/
 
mattyprice4004 said:
It was worn at the time of sale, it wouldn't just start slipping a couple of days later if it wasn't.

The fault is the wear BEFORE the buyer purchased the car, which caused the subsequent failure. The garage need to repair this.
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Keep moving those goalposts.

You said:

'SOGA states in the first 6 months any defects are assumed to have been there at the time of purchase, and the seller must either repair / replace / refund the item. '

'ANY DEFECTS'

Not 'This particular problem that the OP is experiencing right now'. You were offering a general comment about SOGA and used cars. You made it sound clear cut and simple. It's anything but.

OP, you're probably best signing up to a forum such as Money Saving Expert - there's less keyboard warriors and more people who have a working knowledge of the legislation in question.
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I can't think of anything worse than a scenario where people are able to post misleading information without being picked up on it. There is an awful lot of BS on the internet about SOGA and consumer rights, and its comments like that in your initial post which give people the impression SOGA gives them a 6 month warranty on a used car. It doesn't!
 
alexthecheese said:
Just got back from the dealers. Girlfriend rang them this morning, was polite, explained the symptoms and they immediately agreed it was the clutch and offered to replace it free of charge. Excellent.

We pick it up tomorrow and all should be good, touch wood. \o/
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Good it's sorted for another 55,000 miles
 
mattyprice4004 said:
That's irrelevant anyway - SOGA takes precedent over ANY warranty or otherwise.

SOGA states in the first 6 months any defects are assumed to have been there at the time of purchase, and the seller must either repair / replace / refund the item.
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nonsense on stilts. how can you go around sayings things that are totally untrue as though you are some sort of authority. lol
 
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