roboldham Posted July 9, 2007 Share Posted July 9, 2007 Hi folks I wont bore you with the long sorry saga of me buying an American style dayvan over the past 6 months... I bought it last November, I drove it for 15 miles after getting my wheelchair handcontrols fitted then the autobox ECU fried meaning no 1st or 2nd gear and it also got water in the oil - the dealer took over 3 months to repair and said I could have another van instead but then changed his mind and said he'd have to sell mine first - which he failed to do for another 2 months - I then got fed up waiting and foolishly had the van back finally 2 weeks ago (need it for festival summer cruising!) and both the main problems that were fixed have re-appeared yesterday on the way bay from Metallica gig at Wembley. I have done the grand total of about 80 miles in it in the last two weeks. The van cost 7K last Nov and I have had enough and just want my money back unless there's a better way of getting this fixed properly and paid for by him without another long wait. The question is this - can someone tell me what concrete rights I have (I know the basics about sales of goods act) but what actual *enforceable* power do I have to get my money back from this guy and move on should he prove to not be accommodating? TIA R Link to comment Share on other sites More sharing options...
roboldham Posted July 11, 2007 Author Share Posted July 11, 2007 *bump* surely someone must have had a similar experience with a car dealer?! Ta R Link to comment Share on other sites More sharing options...
AdzC Posted July 11, 2007 Share Posted July 11, 2007 Was thare any sort of warranty honoured when you bought the vehicle from the dealer? If not it shouldn't matter because whenever you buy something it has to be 'fit for purpose' (this is also the case with private sales although the term is nowhere near as long). I would argue that the problems you have encountered are the dealer's responsibility and should fix them. If he cannot fix them in a reasonable time or standard then you should get your money back. Speak to Citizens Advice Bureau and I also find Consumer Direct very helpful. Link to comment Share on other sites More sharing options...
Ian C Posted July 11, 2007 Share Posted July 11, 2007 Well you have a "not fit for purpose" right. The vehicle clearly isn't fit for purpose as it doesn't work. You have also done the legally correct step of letting them have it back to rectify the problem, and it's still not right. You need to write up all the steps of situation with dates (and times if possible). The initial purchase, when you first noticed a problem, describe the problem(s) and how far you had driven the vehicle. The phone calls/visits/letters etc, what they said, what they promised. How long it all took, what chasing you did, and the end result of it failing again in the same way. Once you have written all that up you then write them a nice letter (not an email, post it recorded delivery) and keep a copy for yourself. The letter does an outline of what happened, like: "On the 1st of July I purchases a dayvan, registration number BLAH1, from you for £x,xxx. After driving it for 8 miles it blah, I contacted you and you said xyz, so I returned it for rectification. After an unacceptably long time, x weeks, you returned it to me and within Y miles it failed again in the same way. The vehicle is clearly not fit for purpose so I want to return the dayvan to you and get a full refund of the purchase price as I have no confidence in it or your ability to fix the problems or deal with me in a timely fashion. Please sort this out within 10 working days or I will initiate court proceedings against you to recover my money." Do not add on daft costs like interest, your 'time', any other forms of compensation. The court would kick your ass on that. Purchase price and that's it. Keep it firm and unemotive. Keep it factual. Then you do the following: 1) Do not back down. Do not accept any bluster, threats, or promises. Do not let them have the vehicle back until you've got the cash. Do not let them try and fix it again. 2) After 10 days, if it's not 100% sorted, start County Court proceedings. Again, do not accept any delays, promises, or bullshit. The letter should scare the shit out of them if it's full of facts and is written strongly and firmly. You must then stick by it and accept nothing less. Your legal rights at this point are a full refund, none of this cobblers about having to sell it on again first. If you reach stage 2) above, let me know and I can help with the forms and building your case -Ian Edit - document his promises and changes of mind as well, courts love that, defendants don't Also forget any 6-month limit he might try to weasel with, at least 3 months of the time passed doesn't count as he took that long to fix it. Link to comment Share on other sites More sharing options...
AdzC Posted July 11, 2007 Share Posted July 11, 2007 If you reach stage 2) above, let me know and I can help with the forms and building your case -Ian I'll put money on it not ggoing that far. Had a similar situation with a mechanic who did some work on my brother's car and he backed down when he knew I was serious about going to court. Link to comment Share on other sites More sharing options...
roboldham Posted July 12, 2007 Author Share Posted July 12, 2007 Thanks for the input chaps - just seeing what the dealer comes back with now, if nothing then it's off the legal route we go! R Link to comment Share on other sites More sharing options...
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