Jump to content


The Dark Knight

Member Since 08 Mar 2013
Offline Last Active Yesterday, 01:46 PM
-----

Posts I've Made

In Topic: E-Bay Seller Doing My Head In!!!!!!

Yesterday, 01:45 PM

Great news. I assume eBay will then pursue the seller for the money they are out of pocket for having refunded you. It's like that when you get a refund from your credit card provider.

 

Someone I know was having difficulty dealing with a seller of a TV that became faulty (can't remember the shop now). Cost was about £500 and she had paid by credit card so under the Consumer Credit Act, approached the card provider. They considered all the information and the card provider coughed up the money and went on to pursue the shop for what it was now owed.

 

I guess the shop paid up quickly with the power of the card provider on their case!


In Topic: Ford Focus 1,6 Tdci Dpf Issue

20 November 2014 - 12:02 AM

No problem. You can of course use your rights to demand a repair rather than reject but in my opinion, rejecting is appropriate here. His attitude speaks volumes.

What involvement have trading standards had? What have they advised you?

You would need to send a letter stating your wish to reject the car for a refund under SOGA and give them time to respond. Say 7-10 days at the most.

You then send a letter before action informing them of your actions in taking them to court and give time to respond.

Finally you fill in an N1 claim form. All sorts of websites such as citizens advice show how best to fill one in if you want to have a look.

Assuming he doesn't see the light before it gets that far! Might be worth paying a local and trusted garage to do a report on the car if it goes to court. It would be strong evidence and you could claim the cost back. You would need to do it before filling in the claim form really though because you list the amount you are claiming for on the form. You would include the report fee.

In Topic: Ford Focus 1,6 Tdci Dpf Issue

19 November 2014 - 10:41 PM

Another thing, don't have any more work done on it, just reject it if you want to go down that road. No longer using the car will help your case but you can argue necessity if you still use it so not a massive issue at all.

 

Also, forget the phone. Use emails (and save them) and recorded mail.


In Topic: Ford Focus 1,6 Tdci Dpf Issue

19 November 2014 - 10:20 PM

P.S, do you have a link to the dealer website?


In Topic: Ford Focus 1,6 Tdci Dpf Issue

19 November 2014 - 10:20 PM

Evening. Don't worry about the warranty. He can play all the small print cards he likes, it has no say on your statutory rights.

 

Rather than me wading in here and reciting all SOGA rights, the key card he would play if you tried to reject the car would be to say that you have had it X amount of weeks and so you have now accepted the goods. What he fails to realise is that goods that become faulty at any point within 6 months of delivery to the buyer are taken to have been faulty on the day of delivery to the buyer.

 

Case law also shows that time spent requesting repairs and having them carried out is not to be counted when deciding if enough time has passed to show that the customer has accepted the goods.

 

Obviously, there is a lower expectation of quality and durability with 2nd hand cars but this seems pretty grim. Mileage seems well within expectations for a 2007 car too.

 

I take it you paid less than £10,000 in which case it is suitable for the small claims court. In the small claims court, you just pay the fees to get the case before the court (which are relatively low, say £200-£400 typically for this sort of thing at a guess).

 

Worst case is you lose at court and that's it. You don't have to pay his legal fees etc. Nothing further to pay. If you win, he has to refund your money paid for the car and pay your fees so you get the initial outlay back.

 

I'm always happy to help but I must say that these dealers will always win when the customer is not prepared to go all the way. They sit back and laugh because 9 out of 10 customers will not pursue the case to court even with a strong argument. One lady featured on watchdog filed a claim against the mighty Curry's when her washing machine failed outside of its warranty. All their power and money and they caved in one day before the court hearing!

 

So, how far are you prepared to push this?