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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I bought my car just over 8 weeks ago from a dealer - and it

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I bought my car just over 8 weeks ago from a dealer - and it was covered by a three month warranty. The car is not new. Last night the electrics went as I was going down a hill, so I had to stop, at which point i noticed smoke coming out the engine. I got out called the AA, at which point flames started to come out from under the bonnet - so I then called the fire brigade. the fire brigade put out the fire and told me the fire had been caused by the battery that had not been fitted with the correct bracket, so it had come lose and jarred into the electrics.
fortunatley the fire did not develope and I'm fine. the body of the car is also fine - but obviously the engine is very damaged - it wont go!!!

I rang the garage I bought the car - who told me this should be covered on my insurance - but I feel that if they have done a 'botch' on the car that has put me at risk. They want to come to an arrangement with me - but i would like my money back.
What should I do?

Jenny
P

Hi Jenny,

 

Thanks for your question.

 

 

Thanks for your question.

 

The law states that up until 6 months after the sale of the vehicle, it's up to the dealer to prove that the fault wasn't there when he sold it to the purchaser. This is called the "Reversed Burden of Proof". They will know this and you can cite it to them if they claim "it's your fault"

 

If you have bought from a dealer in the course of his business then the Sale of Goods Act 1979 implies certain terms in to your contract with the dealer for the purchase of the camper.

 

Go back to them, giving details of the incident and state that the car is not of a satisfactory quality under s14(2) of Sale of Goods Act 1979 and that you consider the disrepair so serious a breach of the above term that it is repudiatory (ie. it is a breach of a fundamental term of the contract such that it goes to the root of the contract). Say that you require a refund within 7 days of the date of the letter otherwise you will take legal advice/issue a claim to recover the monies.

 

Also state that you wish to deal with the issue only by written correspondence. Keep copies of everything.

 

If the breach is so serious that it goes to the root of the contract then you are entitled to a refund or replacement car. It certainly sounds as if it is such a breach.

If they are not compliant you should also tell them you will contact contact Trading Standards, http://www.tradingstandards.gov.uk/, and Retail Motor Industry Federation (if they are a member, http://www.rmif.co.uk/ as well as issuing a claim against them.

 

If the claim is for less than £5, 000.00 then you can issue in the small claims court visa http://www.moneyclaim.gov.uk/. If it is for more than that they you can't issue in small claims and would be best going to see a local civil litigation solicitor, you can find solicitors in your area by using the Law Society's search engine:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law


Once they know you are aware of your rights, dealers tend to be more constructive in resolving these things

If this has been useful please kindly click accept so that I may be rewarded for my efforts. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,

Tom

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