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The Dark Knight

Member Since 08 Mar 2013
Offline Last Active Yesterday, 10:02 PM
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#518395 Fiesta 2008 Duratec 1.4 Diesel - Smoking When Warm

Posted by The Dark Knight on 01 September 2015 - 09:25 PM

I don't have all the answers believe me but I will help with what knowledge I have retained in my brain and can dig up from books etc.

 

Or as I might say in TDKR: "A hero can be anyone, even a man doing something as simple and reassuring as placing a coat around a young boys shoulders to let him know the world hadn't ended." :P :lol:




#518391 Fiesta 2008 Duratec 1.4 Diesel - Smoking When Warm

Posted by The Dark Knight on 01 September 2015 - 09:21 PM

If at all possible, you should not use the car. It is not the be all and end all but it may be frowned upon if you continue to use it. I can hear them now... "So Mr X, you have a car which you wish to reject as it is clearly not of satisfactory quality. Please remind the court when you stopped using the car"

 

"I didn't"

 

"Oh you didn't stop using it! This car is not as unsatisfactory as you claim is it Mr X? In fact you saw fit to keep driving this car despite wanting to reject it! The only thing unsatisfactory here is your claim Mr X" Etc.

 

I exaggerate for dramatic purposes as the above reads like cross examination in a trial and a small claims court is a much more informal setting and a world away from that. I just thought it might give you a heads up as to how it MIGHT be viewed.




#518360 Fiesta 2008 Duratec 1.4 Diesel - Smoking When Warm

Posted by The Dark Knight on 01 September 2015 - 08:37 PM

Ok, I will summarise things for you. You do not have to cough up court fees for him if you lose.

 

I have summed up the strong points for you already and how to go about it but we were taught to argue it from the oppositions side too. If met with this, I would argue that it was fine when handed to you otherwise you would not have signed on the dotted line. I would also cite the Thain case which shows that in theory you have no argument on a car of that age and mileage.

 

Then again, each case is judged on its own merits. Also remember that just because cases such as Thain exist in his favour does not mean he knows about them or how to utilise them.

 

1: He may lurk on here and get a free heads up in this topic (ridiculously unlikely)

2: He may have skills and know this already (given his swearing and bad attitude I think he lacks sufficient intelligence for that)

3: He may know someone who can help him for free (more likely than the above)

4: He may pay a solicitor to sort this for him (possible but it will cost him more to employ a solicitor than cave in to your demands)

 

In view of that, it is ultimately up to you. I would go for it if faced with a big repair bill. He may even cave in to save hassle!




#518352 Fiesta 2008 Duratec 1.4 Diesel - Smoking When Warm

Posted by The Dark Knight on 01 September 2015 - 08:22 PM

Paid £2200 was advertised at £2295 but knocked him down

 

The small claims court fee is £170 for claims between £1500 and £3000

 

You get that back if you win.




#518338 Fiesta 2008 Duratec 1.4 Diesel - Smoking When Warm

Posted by The Dark Knight on 01 September 2015 - 08:09 PM

Righto. How much did you pay for the car? Please also note that time spent requesting or carrying out repairs and litigation is not to be counted by the court when taking into account the length of time that you have had the car.

 

Basically, you need to begin by writing to him (type it up for clarity) and post it by RECORDED MAIL (he can't claim not to have received it then.) You will request a refund (reject the car) or in the alternative a repair of all faults entirely at his expense as per your statutory rights under SOGA. You will also ask to be re-imbursed for the money you have had to pay up for other work as a result of the crap car (make copies of the receipts and send them with the letter). Tell him you will pursue the matter to small claims court if needs be. Give him 14 working days to respond.

 

Your next step in the absence of a satisfactory response is to send a letter before action and again allow 14 days to respond. The next step is to submit an N1 claim form and list everything you are claiming for. This will be the refund of the purchase price and any costs you have incurred. In the alternative, you will be claiming a repair at his expense so it would be wise to obtain an independent repair estimate and submit this to him with your letters. You can also save such a report/quote for court purposes. It then goes to court unless he caves in beforehand.

 

The sale by description is a very strong argument for you which directly ties in with the quality argument. You need such ammo because I hasten to add this:

 

Thain v Anniesland Trade Centre

Renault 19

80,000 miles

5 years old

£2995

Not driveable after 2 weeks, (one source says 9 weeks)

The Verdict in Thain

“Even a negligible degree of durability may not represent unsatisfactory quality where the secondhand car supplied is as old and as heavily used as the Renault had been. The plain fact is that, given the Renault's age and mileage when supplied, its durability was a matter of luck. Durability, in all the circumstances, was simply not a quality that a reasonable person would demand of it.”




#518311 Fiesta 2008 Duratec 1.4 Diesel - Smoking When Warm

Posted by The Dark Knight on 01 September 2015 - 07:30 PM

I should also add that he will claim the car was fine when handed over to you and will argue your test drive is proof of that because you would have not accepted the car at the time if it had that fault. He has to prove it was fine when handed to you as opposed to you having to prove it wasn't.

 

A court may see such a fault as being acceptable on a car with such high mileage and no service history. An independent report by a mechanic should diagnose the fault and may be able to tell how long it has been present. I am not up on mechanical things though lol.




#518309 Fiesta 2008 Duratec 1.4 Diesel - Smoking When Warm

Posted by The Dark Knight on 01 September 2015 - 07:25 PM

I think it is worth pursuing personally. He will use the lack of service history to counter your claims of the car not being of satisfactory quality but that is all he can throw at you based upon what I have read here.

 

You would argue that the car is not as described under S.13 of SOGA as it is clearly not running and driving excellent! You would also argue that the car is not of satisfactory quality under S.14 of SOGA.

 

He can shout and swear and bleat about 30 days and cash as much as he likes, it makes no difference. To be honest though, I have lost count of the times I have informed people of their rights and how to action them at little cost and I am happy to do so again but you need to be prepared to see it through first. These dealers usually win in these circumstances but not because they have a valid argument. They win because the consumer does not have the time and/or does not want to pursue it.




#518045 Fiesta 2008 Duratec 1.4 Diesel - Smoking When Warm

Posted by The Dark Knight on 01 September 2015 - 05:59 AM

I'm off to work shortly so I can't give a full reply now but the biggest thing standing against you in any argument is the fact you bought a car knowing there was no service history to it (that's how the topic reads or did you mean it has been serviced but there's no service book?)

Higher mileage doesn't help but that turbo fault looks grim and something that must have been there before they sold it to you. How long have you had it now and how was the car described? Is a copy of the advert still available?


#515837 Taken Delivery Of New Focus Defects!

Posted by The Dark Knight on 25 August 2015 - 10:03 PM

If its brand new, it will be straightforward but if it is used or even ex-demo, some wear and tear is expected.


#513377 Arnold Clark- Mis Sold Vehicle, Only Paid Deposit

Posted by The Dark Knight on 18 August 2015 - 06:19 PM

Does the paperwork you signed state 80ps or 100ps? (80 is non turbo I believe)

Did you part with £100 before signing the paperwork?

Your first port of call would be to ask them to double check the car in light of your discovery.


#511936 My Sisters New Fiesta

Posted by The Dark Knight on 13 August 2015 - 07:03 PM

My sister bought an 03 reg Focus earlier this year and it is being kept but now she and her husband have bought a brand new Fiesta Zetec 5 door. It is the 1.0 ecoboost 100ps in that nice dark blue colour. It will be on a 65 plate and she collects on the 4th of September.

 

I will post photos in due course :D




#511643 Stupid Pedestrian Steps Out Plus A Chav In A Corsa

Posted by The Dark Knight on 12 August 2015 - 05:35 PM

 

 




#510657 B&q Staff Knowledge And/or Training Issues

Posted by The Dark Knight on 09 August 2015 - 06:31 PM

It is indeed an offence to not comply with SOGA requirements as opposed to acknowledging them but disagreeing with the customer and choosing to fight the case.

It is rare to see such a dismissal or lack of knowledge of statutory rights. I didn't need to argue it with her but I found it interesting. It could be just a training issue and the manager would probably concede when confronted with SOGA knowledge. All speculation of course.


#510333 A Couple Of Incidents Plus A Vauxhall Corsa Epic Fail (not Mine)

Posted by The Dark Knight on 08 August 2015 - 04:49 PM

I've just found these videos on YouTube (dashcam network) and the woman admitted the crash for cash scam in the 2nd video.



 

In this video, skip to 6:37 and watch the Corsa chav get a comeuppance. Luckily his idiotic driving didn't take any other cars or pedestrians out.

 




#509133 Don't Go Through Red Lights

Posted by The Dark Knight on 04 August 2015 - 09:05 PM

The driver of that Corsa must be a 'Jeremy Hunt'!

 

It was an Astra but yes the driver was a C U Next Tuesday