Hi, I bought a £10,000 2nd hand car off a dealership, the car was at another branch so I went by the vehicle details flyer they had. (Bad, bad move!)This stated the car had a FSH and only 1 previous owner. I now discover it has 2 previous owners and an incomplete service history. The dealer is refusing to refund because there is a caveat (in point 4 font!). that states that accuracy is not guaranteed and to ask the sales person for definitive details. Since the sales person only had the same details that she gave me this doesn't change much! As I see it they have contravened SOGA and broken the law. So, my question is what is the best way to approach this?
2006-09-02 22:32:37 · 9 answers · asked by . 3 in Politics & Government ➔ Law & Ethics
The vendor cannot defence under Sale of Goods Act, when the contract itself is vitiated by misrepresentation of facts. A contract vitiated by misrepresentation or concealment of such ( such as that the vehicle had only one previous owner when in fact it had two) is voidable at your option. That is, you can opt out of the contract if you wish, and at the same time claim damages for whatever loss that arose out of your decision to go in for the contract. But such a damange can be only for direct and proximate suffering and not for consequential suffering.
The point 4 font you mention is reffered to as "small letter contract" in law. Again and again it has been stated in various rulings, that such small letter contracts have no legal validity and that the vendor cannot be obsolved of his responsibilities to state facts clearly and lucidly before you can make a judgement on the facts.
In your case I feel that notwithstanding what the small letter contract states, if you can bring evidence, either written, oral or circumstantial, that the vedor had misrepresented to you that the car had only one prior owner, you can file a suit for opting out of the contract and seek damages. Consult a lawyer and do the needful.
Can I charge you $ 1000/- for this expert opinion !!!
2006-09-02 23:07:38 · answer #1 · answered by bankman 2 · 0⤊ 0⤋
Your right to reject is two fold:
1): SOGA, false and misleading advert.
2). Misrepresentation Act, negligent or innocent misrepresentation.
Put it in writing to them giving them 14 days for a refund failing which you will take legal action to recover the money.
If you paid £100 or more by credit card or on finance do the same with the finance company, s.75 consumer Credit Act makes the credit company as liable as the vendor, s.56 includes for "antecedent" negotiations, thus the flyer you had!
Under the Unfair Contract Terms Act the section they rely on is invalid.
check you house contents insurance as you may have access to full legal advice and possibly legal assistance to deal with the dealer, but send the Letter Before Action (14 day letter) first.
You must not drive the vehicle again, as this could be seen as acceptance by conduct, i.e. good enough to drive today, good enough to drive tomorrow!
2006-09-04 02:07:55 · answer #2 · answered by Nick B 3 · 0⤊ 0⤋
Put your complaint in writing and send it recorded delivery to them and tell them you want a reply and solution within 7 days.
Tell them that if you are not satisfied, you will be reporting them to trading standards - and anyone else who may care.
As a dealer, I am sure they have a DUTY to ensure that the advice they give you is accurate. They cannot just get out of it by including small print denials.
Obviously, trading standards will want copies of all your paperwork.
It may also be worth speaking to Citizens Advice - and if you can afford it, a solicitor?
Good luck.
2006-09-03 01:21:49 · answer #3 · answered by Sally J 4 · 0⤊ 0⤋
go to ur local citizens advice (cab) who will go through all this with u and can write letters and negotiations on ur behalf for FREE, when cab is involved, people tend to take notice and it is amazing how quickly they change their minds.
did u actually ask the sales person before u agreed to buy the car, if so then it is classed as misrepresentation and u should have rights to get some of ur money back.
2006-09-05 11:35:16 · answer #4 · answered by tilomilo 2 · 0⤊ 0⤋
Last year Master Card tried to retain a large sum of my money.I issued a court summons through the small claims court. I got my money back with compensation within 48hrs. of them receiving it.Take the bastard to court immediately. Don`t mess about with him,do him !!!
2006-09-04 09:07:21 · answer #5 · answered by redjonjak 2 · 0⤊ 0⤋
Report them to the local trading standards office.
2006-09-02 22:41:04 · answer #6 · answered by Chariotmender 7 · 0⤊ 0⤋
i don't know about soga, but you could possibly get them for negligent misstatement, as a so-called 'professional' gave you incorrect advice. contact your local citizens advice bureau.
2006-09-02 22:41:32 · answer #7 · answered by stephizzal 5 · 0⤊ 0⤋
report it to the tradeing standards office thay will sort it out on your behalf
2006-09-02 23:45:13 · answer #8 · answered by Anonymous · 0⤊ 0⤋
http://www.direct.gov.uk/Homepage/fs/en
2006-09-02 22:47:46 · answer #9 · answered by Anonymous · 0⤊ 0⤋