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Thread: Sale of goods act - not for for purpose - how to return a car?

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    Sale of goods act - not for for purpose - how to return a car?

    Hi guys,

    As some of you may have seen ive had a FEW issues with my recent purchase, it supposedly came with 30 days or 1000 miles warranty

    But I am aware if im right in thinking you have 6 months to return it if it is...not fit for purpose...so I have been told.

    There is something where they have to be given ONE chance to correct the fault?

    It was a bit hard to find this info on any sites without it looking confusing.

    Can anyone advise on this please?

    It is just as a back up in case this time it is not fixed, i have to draw the line somewhere, the garage have been very good in coughing up and replacing parts but i cant use the car as it is!

    Many thanks

    CB

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    Sale of goods act - not for for purpose - how to return a car?

    Get in touch with your local citizens advise bureau.
    I had a problem with a motorcycle dealer after buying a bike from them. The dealer told me it had 30 days warranty but after 30 days it developed problem after problem. I spoke to the C.A.B. and they helped me resolve the issue.
    Chris "the machine" Green.
    2004 Audi A4 1.9tdi Sport Quattro Avant

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    would have thought its 3 months/ 90 days?

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    I also thought 3 months by law? This accounts for people shifting more cars than is deemed as "personal"

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    It's fairly hard to reject a car and get a full refund unless it's totally un-useable, or it's glaring legal issue (such as an undisclosed write-off, finance outstanding, service history promised and not materialised etc).

    Cars do go wrong, and can be expected to go wrong no matter how well they are prepared, and even a series of issues might not necessarily warrant rejection unless you want to try and force it via a legal route.

    You will have a much better chance with a main dealer than an independent and you are always best to put your issues in writing as soon as possible.
    Most main dealers will be regulated by the FSA and signed up to "treating customers fairly"

    Treating customers fairly

    If so, writing to a Director (instead of sales manager etc) will usually get a quick, and helpful response.

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    Thanks guys, it is a large, in fact....Britains largest...car dealer.

    Hope it doesnt come to that really!

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    Its usually 3 months or XXX Miles warranty. And the sales of goods act applies within 6 months.

    any faults that occur in such timeframe are deemed faulty at time of sale and it is then upto the dealer to PROVE that it was not faulty or otherwise called the "Burden of Proof". After 6 months it is then the new owners responsibilty to prove that the fault was present at time of sale which is then far harder. Of course we are talking things that arent genuine wear and tear.

    Has to be sold roadworthy and fit for purpose..and if it is not then the above applies. And this will be backed up through citizens advice. If it is a private seller then such terms dont really apply and it is really much harder to sort out...the above relates to dealerships or 2nd hand garages
    cubby likes this.
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    You need to have done reasonable milage in that 6 months, or the time you have had it. For example average 12k miles a year, so if your returning after 2 months approx 2k miles should be ok, 5k miles could be deemed above average.

    You need to allow the garage reasonable time to fix the repair, and it should not leave you severely inconvenienced, ie if you get a courtesy car your good.

    If they prove to be incompetant or severely inconveniencing you you could get the car repaired elsewhere and persue them for the cost through the court.

    You should give them a letter of intended action and state your reasons why you want what part replaceing and that you intend to take legal action if its not completed. normally allowing 7 days for the repair is reasonable.

    I had several issues with my A3 from a second hand dealer, clutch/aircon/rocker cover/headlights but have covered 10k miles in 3 months and took it on the chin, didnt trust them to fix it anyway. I did send them a letter of intent for the aircon though, and they came to an amicable agreement.

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    Cheers

    Well, ive had it just under 3 months, in that time its had a faulty :-

    Tandem pump
    Drivers e/w
    Leaking windscreen
    Turbo/Actuator
    Boost control solenoid
    Inlet manifold

    all of which had been replaced and paid for by garage

    but

    it still has the same heistation fault its had from day one, so despite all those parts being new it is no better

    Is currently sitting in their workshop to be started on tomorrow or sent to audi

    Plan was to have ecu flashed back to standard in hope that stopped issues, but added to the mix now is the poxy DPF light coming on again after a 75 mile journey, so this now needs addressing as well

    So am seriously deciding today if enough is enough

    you are supposed to give them ONE chance to fix the fault, this is the SIXTH time its been into either them or a local place to me

    The fact its a really amazing spec makes it a tough call, however i do not want to be keeping a problem car

    Each time, including this, you just think it MUST be fixed this time...surely!

 

 

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