Legal advice required.

[BigMonty]

Middle Monty in his 22 year old wisdom has bought himself a 13 reg BMW z4 from one of those car supermarkets in Peteboghorror.

The roof hasn't worked properly since it arrived, which effects the windows opening and the boot opening. It has a few other niggles.
He paid for the extra warranty.
He has had it 2 months, and hasn't been able to get hold of anyone at the garage since it arrived due to some global pandemic or something like that. Finally got throu to them on Facebook and they had it in today to have a look. Apparently something is bent, they have said they will fit the new part FOC, but he will have to pay for the part itself. (about £400)
Surely they should fix it free? Or not?

[BilboBagginss]

If you are a member of the RAC then they offer free legal advice. Not sure of the other motoring organisations.

Might be worth looking up the sale of goods act 1979.

[kenny]

Originally Posted by BigMonty

Middle Monty in his 22 year old wisdom has bought himself a 13 reg BMW z4 from one of those car supermarkets in Peteboghorror.

The roof hasn't worked properly since it arrived, which effects the windows opening and the boot opening. It has a few other niggles.
He paid for the extra warranty.
He has had it 2 months, and hasn't been able to get hold of anyone at the garage since it arrived due to some global pandemic or something like that. Finally got throu to them on Facebook and they had it in today to have a look. Apparently something is bent, they have said they will fit the new part FOC, but he will have to pay for the part itself. (about £400)
Surely they should fix it free? Or not?

The sale of good act which then became the consumer rights act is more than clear on this. Any thing must be fit for purpose at the time of sale, It also states that anything that is found to be wrong within the first six months is deemed to have been faulty at the time of the sale. Tell them to fix it or take the car back for a full refund, do this in writing. If you bought on finance or paid the deposit on a credit card write to them as well holding them equally responsible under section 75 of the consumer rights act. Do not agree to paying any part of the repair and if they try and give you the car back unrepaired do not collect it. Using the car shows you are accepting that it is usable.

[Wagon Sailor]

Originally Posted by kenny

The sale of good act which then became the consumer rights act is more than clear on this. Any thing must be fit for purpose at the time of sale, It also states that anything that is found to be wrong within the first six months is deemed to have been faulty at the time of the sale. Tell them to fix it or take the car back for a full refund, do this in writing. If you bought on finance or paid the deposit on a credit card write to them as well holding them equally responsible under section 75 of the consumer rights act. Do not agree to paying any part of the repair and if they try and give you the car back unrepaired do not collect it. Using the car shows you are accepting that it is usable.

+1


The product was not fit for purpose.

[BigMonty]

Thanks chaps.
I will put everything in writing. I really don't want to go up to the dealers myself as I would probably end up swearing if they try to mug me off. And that helps no one.
Also middle Monty can be a bit of a dope so would be easy to fill full of BS at the dealers.
So the game plan is to research the customer rights act, then put into writing the problems.
Thanks again

[andrewpain]

Originally Posted by BigMonty

Thanks chaps.
I will put everything in writing. I really don't want to go up to the dealers myself as I would probably end up swearing if they try to mug me off. And that helps no one.
Also middle Monty can be a bit of a dope so would be easy to fill full of BS at the dealers.
So the game plan is to research the customer rights act, then put into writing the problems.
Thanks again

The artist formerly known as Honest John was always getting questions like this, and his stock answer was always: "Consumer Rights Act", put it in writing to the Dealer Principal giving them 14 days to rectify fault(s) free of charge, send it recorded/signed for, and keep a copy. If you don't get agreement within 14 days tell them, by the same method, that you're taking them to court.
If there's a credit card involved in the purchase, then as mentioned above, the card company is deemed jointly responsible under section 75 of the Consumer Rights act, and he'll need to contact them to lodge a claim for a refund.
Good luck...

[EssexExile]

My legal advice would be not to take legal advice from anonymous people on an internet forum, especially me. Try the CAB.

[morwenna240]

I feel andrewpain, despite being an anonomous person on an internet forum, basicaly has it a-right. Another option is to send letter to consumer rights page in the Guardian (miles brignall, rebecca smithers); a letter from the Guardian kicks most people up the arse pretty quickly.

[BigMonty]

Originally Posted by EssexExile

My legal advice would be not to take legal advice from anonymous people on an internet forum, especially me. Try the CAB.

In the years I have been on this forum, I have always been guided in the right direction.

[kenny]

Originally Posted by EssexExile

My legal advice would be not to take legal advice from anonymous people on an internet forum, especially me. Try the CAB.

Well I might not be a lawyer but I have been around long enough to have met a few dodgy dealers and enough online sharks to need to make claims. Having taken advise and then using the very advise I have just given I have managed to reject two faulty cars for full refunds and been successful in many claims for internet items that have arrived damaged or simply not arrived or been miss sold through false advertising, I am more than confident the CAB office would give the ferry advise I have given.