Can any one recommend a company that can do this, the garage I bought it from have basically fobbed me off re the gear box failure, and the finance company have said its wear and tear

Tia tony

these peeps? , https://www.dekra-expert.co.uk/vehicle.ins...ers.report ... - .- -.




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Before you go spending money on an inspection, etc. I'd suggest you go to here

http://www.honestjohn.co.uk/faq/consumer-rights/

which tells you, in clear terms, what your rights are, no matter what you might think your rights should be, or what the dealer claims your rights are. Then send the dealer a letter explaining the situation, send it recorded post. Tell them in the letter that you expect a prompt reply, in writing.
90%+ chance that they back down if you are in the right. They don't want Trading Standards, CAB, or the courts on their backs, they don't want the bad publicity. My plan was idiot-proof ...




Until someone designed a better idiot

Cheers stan, only had it four and a half months and the box has spat it's dummy out lol

What warranty did you get when you bought it?

New MOT is a good method.....

Sorry just read the first post

Independent Report would be worthless you need to get a Gearbox Specialist to report on it.

Got 3 months, the eas pump failed after 1 month but they paid for that.

robjp wrote:

Before you go spending money on an inspection, etc. I'd suggest you go to here

http://www.honestjohn.co.uk/faq/consumer-rights/

which tells you, in clear terms, what your rights are, no matter what you might think your rights should be, or what the dealer claims your rights are. Then send the dealer a letter explaining the situation, send it recorded post. Tell them in the letter that you expect a prompt reply, in writing.
90%+ chance that they back down if you are in the right. They don't want Trading Standards, CAB, or the courts on their backs, they don't want the bad publicity.

Tell the dealer they also have until the end of the day before their name ends up online with an HONEST review that will soon be backed up by an independent examination of the vehicle, as worst case even if they argued the toss that its not their fault, the facts are simple. You bought a car from them in good faith and within 4 months its had a major component failure. FFRR MY06 facelift With TDV8 Alloys Zeros/ATR's
Mantec Sump Guard, Rigid Load liner, MY10 BT upgrade.

OK, using the Sale & Supply of Goods Act (as amended 1994) there is a paragraph which makes reference to goods being "Fit for purpose" and "Durable".

Further, any fault which occurs within 6 months is assumed to have been present at the time of sale and it is for the dealer to prove otherwise.

I have used this act on more than one occasion to rather good effect. Once to get a replacement engine and once to reject a vehicle after 5 months of ownership due to recurring faults (not durable).

Get a copy of the Act and its transcript. The wording will help you enormously.

And I quote: Source is here. http://www.honestjohn.co.uk/faq/consumer-rights/
The Supply of Goods to Consumers Regulations 2002, is derived from EU Directive 1999/44/EU which became Clauses 48A to 48F inclusive of the Sale of Goods act in April 2003. This reverses the burden of proof so that if goods go faulty within six months after purchase it is deemed they were faulty at the time of purchase and the trader has the onus of proving that the item is not defective due to a manufacturing defect.

I've quoted all the acts that apply but they are saying because it was ok when we bought it, it is classed as wear and tear and are saying any repair should be to my cost, they also questioned the way it's been driven and how many miles we have done which is 5 thousand.

I've sent them the relevant acts because I think there just trying to fob me off

You're right, they are trying to fob you off

My suggestion : send them a final letter. By recorded delivery. Explain that unless they accept their liabilities under Sale of Goods, etc within 7 days, you will reserve the right to get the needed work done at a garage of your choosing, and you will pursue them through the Small Claims Court for all of your expenses.

The law is entirely on your side. As they have refused to take on their responsibilities, you are now entitled to do that, and your next communication would be when you (via the court) send them a summons. My plan was idiot-proof ...




Until someone designed a better idiot

As there is no way of proving (or knowing) that the gearbox was faulty at the point of sale the dealer may want to defend his position if he believes the car was good when he sold it to you.

In the end if you want to take it further and they do not back down then court is your only option. Regardless of the SOGA statements some cases that end up in court go the way of the dealer so be sure of your evidence and get a good lawyer. Its up to the court to decide what's fair based on the evidence presented and every case is treated individually. Even if you convince the court you may be ordered to pay part of the repair and legal costs.

My point is a win is not automatic regardless of SOGA.

I didn't think you could say things like "regardless of SOGA" ?? It applies ,full stop. (Not having a dig )

You also mention a finance company - you could also have a like claim against the finance company for issues under the consumer credit act (google it).

Also depending on the garages reputation be aware that even getting a court to find in you favour may not result in you being paid back any monies.