Talk Morgan Forums Community Vehicle Talk (non-Morgan) trading standards question

With respect thats potatoes and patatoes. Its about showing that you know your rights and consumer protection (pre the B word) has only ever strengthened over time.
I am sure i misquoted the misrepresentation law with a recent minor issue with Morgan Sales but the guy quickly understood what was required.

As you wish to be 100% accurate, you may wish to revisit your statement and i quote " 6 months statutory warranty provided on any 2nd hand car bought from a dealer" unquote. There is no legislation that requires a trader to offer any warranty of any period and neither the sale of goods or consumer protection acts imply or infer any such warranty. The acts simply apply the burden of proof upon the trader (6 months) to prove that the fault did not exist prior to delivery. Very different than a warranty.

Tomhez



I worded my original response in terms that a layman would understand - you appear to be to only person that has a problem with it - the dealer is responsible for repairs for 6 months - most people would refer to this as a warranty or guarantee, it is backed by statute. hence a 6month Statutory Warranty The legislation that provides that is The Consumer Rights Act 2015

Thanks for your replies,the lotus was purchased unseen {I know) however this does give me more rights.Its a1974 car and cost a fair amount .But just to muddy the waters re the gearbox,the advert said it was an alan voights rebuilt 5 speed gearbox (alan voights being renowned for doing lotus 5 speed boxes) this box ,according to receipts I have ,was replaced in 1985 by a fully reconditioned box,from another renowned company ,which was then in 2004 rebuilt again,so the rebuilt voights box is not actually in the car.I have contacted the dealer by e-mail telling him that 5th gear is not working so that the fault is logged.and have contacted citizens advice so it is logged.The dealer is having to pick the car up anyway to sort out some other issues ,we will see..Andrich seems to have reinforced what I am thinking re the six months rule,so many thanks

Just another thought, I assume that if I do not want my money back,that the dealership has to implement the repairs,or give me a discount so that I can implement the repairs,is that the case

As long as you have offered the the dealer the chance to fix it himself, its up to you to choose what to do next.

A court would take a dim view of you say charging £20k for repairs if the dealer had offered you your money back because it was uneconomical to repair. There are limitations within the legislation - you cant make someone repair something that is irrepairable or only repairable at a cost that far outweighs the value of the original transaction.

In your shoes, if the dealer doesn't want to fix it, best bet would be to get a fixed price offer for a repair from a specialist & get agreement from the dealer for a refund of that amount. Its better for you to get the money & pay for the repair, as you cant then get caught with the car not being released because the dealer hasn't paid the bill, & any warranty on the repair would be between you and the repairer. You need to be careful though that the refund will cover all possible work.

You need to get every thing in writing, if the dealer won't put something in writing, confirm what was said in a letter to him straight away.

Doesnt really matter. As I understand the rules of the game, in the first 6 months after purchase the seller has to prove that any problem was not there at the time of purchase. So you can reject the car or demand repair.

But dont wate valuable time with trading standards. They are a wet weekend.

No, you only have the right to reject for 30 days, after that you have to give the Dealer the chance to fix it. If the fix fails, you then have the right to reject.

Advice provided free of charge from a wet weekend of a trading standards enforcement chap, who has spent the last two weeks in court dealing with a multi million pound scam, hence not actually getting that excited about a one off fault with a car dealer that has yet to renege on his responsibilities.

You are right about the 30 days as you should be in your job.From personal experience and indeed as the OP has discovered, "wet weekend" is perhaps being over nice to trading standards. You are there to look after the little man and your comment suggest that he isnt important enough for you.

Talk Morgan is not the place for a heated argument so I will say no more..

Expectations relative to sale of goods act/guarantees/MOT`s, the honeyed prose of adverts or well practiced sales staff in relation to buying OLD SPORTS cars...? Try this vid as some sort of alternative insight to a degree of reality...? It is 20 mins long.. though you could cut in at 1:10 to miss the advertising blurb.

https://youtu.be/YM3KMcMxdng