Used car not quite as described

[Golactico]

I'm after some opinion from anyone more experienced in buying used cars than me.

 

I bought a car from a dealer about a month ago. The dealer said that he could provide a warranty at extra cost, but advised against this as he said that anything major likely to go wrong is covered by the 'Sale of Goods Act', so I decided against paying extra for a warranty. He was generally keen to emphasise that he would be reasonable in terms of after-sale service.

 

I'm basically really pleased with the car. However, It was only after 3 weeks of having it that I had the chance to take it for a long run. It was then that I discovered that the cruise control doesn't work. The trader's advert did say that it had cruise control. I'm therefore completely within my rights to expect him to sort this out at no charge aren't I? I only ask as I've left two messages for him in the last 24hrs and he's yet to get back to me. There may be legitamate reasons for this, but I want to be sure of my position if I find that I need to get a bit cross with him.

 

Cheers for any input.

[scotty]

To be honest, car dealers aren't generally regarded as holding the highest standards of probity and trustworthiness. Why would he advise you against taking out a warranty? Its your money paying for it, not his, and it could only save him grief. That said, those warranties are usually worth almost the paper they're printed on so I suppose he might have thought he was doing you a favour.

 

Also, maybe he hasn't returned your calls because its school holiday time, but that would only be credible if it was a one-man dealership.

[pap]

Sounds like you're getting a little jipped, but chasing this dude ain't worth the bother.

 

It's cruise control, my good man! Do you need it that much? My motor's got it, and I barely use it - even when motorway driving.

 

If it were me, I'd just get it checked when it's serviced.

[Steeleye Saint]

Yes I'd say you are within your rights to expect him to sort it out. Just quote what he said about the Sale of Goods Act back at him. Good luck with getting hold of him - if you still can't then go and see him.

[ecuk268]

The Sale of Goods act specifies that an item must be "fit for purpose".

 

If it was advertised with cruise control and it doesn't work then it's not fit for purpose.

 

If he doesn't play ball, take him to the Small Claims Court. It's cheap and easy and, if you win, he'll be liable for your costs.

[Golactico]

Thanks for all who took the time to reply - very much appreciated.

 

The dealer is a one man band and I've now discovered that he's on hols until the end of the month (it would help if he said so on his answerphone message!). From the impression I got of him, I'm fairly confident he'll get in touch on his return.

 

Cruise control isn't really a big deal for me, but if it's sold as being a feature, I feel it should work. More importantly, when I'm looking to sell the car on, it's not a great selling point to have to point out that any item isn't working.

[egg]

The Sale of Goods act specifies that an item must be "fit for purpose".

 

If it was advertised with cruise control and it doesn't work then it's not fit for purpose.

 

If he doesn't play ball, take him to the Small Claims Court. It's cheap and easy and, if you win, he'll be liable for your costs.

 

Inaccurate.

 

Yes it's easy enough but it's aggravation - completing the claim form, drafting a statement, taking time off work to attend court is time consuming.

 

The minimum court fee is £35 for non online claims. This issue might be a quick fix for not much more than that.

 

Costs are rarely awarded on small claims. if you win you'll be awarded the court fee though. remember though, the court only give awards. It's down to you to enforce (by paying more, and much costlier court fees) the award if he doesn't pay up.

 

Have a word with the fella when he gets back. No doubt you can sort it sensibly - good luck.

[ecuk268]

Inaccurate.

 

Yes it's easy enough but it's aggravation - completing the claim form, drafting a statement, taking time off work to attend court is time consuming.

 

The minimum court fee is £35 for non online claims. This issue might be a quick fix for not much more than that.

 

Costs are rarely awarded on small claims. if you win you'll be awarded the court fee though. remember though, the court only give awards. It's down to you to enforce (by paying more, and much costlier court fees) the award if he doesn't pay up.

 

Have a word with the fella when he gets back. No doubt you can sort it sensibly - good luck.

 

I found it pretty easy.

 

Filled in the form online. As the other party decided not to contest it, I didn't need to attend and got all my money back.

 

This was with a medium sized company for a relatively small sum so it probably wasn't worth their while to contest it.

 

 

 

Often, just the threat of court action will make them see sense.

[Delboy Dave]

Does your cruise control work yet ?