lexsum Posted February 19, 2009 Share Posted February 19, 2009 i thought supraTRD83 tried this first but got nowhere. if the dealer refuses to acknowledge the faults you have a court case on your hands and need an expert witness - that is all i am saying. (alternatively to court is to suffer the cost and learn from the mistake!) Link to comment Share on other sites More sharing options...
Thorin Posted February 19, 2009 Share Posted February 19, 2009 i thought supraTRD83 tried this first but got nowhere. From the sounds of it the dealer gave him the details of a garage to take it to, who then said they wouldn't work on the car. Now it may just be me but I wouldn't then mess about for 5 weeks, I'd have dropped it back off at the dealer. Link to comment Share on other sites More sharing options...
lexsum Posted February 19, 2009 Share Posted February 19, 2009 From the sounds of it the dealer gave him the details of a garage to take it to, who then said they wouldn't work on the car. Now it may just be me but I wouldn't then mess about for 5 weeks, I'd have dropped it back off at the dealer. agreed. 'rejecting the goods' from memory of contract law terminology (thankfully i only do crime these days!) Link to comment Share on other sites More sharing options...
SupraTRD83 Posted February 19, 2009 Author Share Posted February 19, 2009 From the sounds of it the dealer gave him the details of a garage to take it to, who then said they wouldn't work on the car. Now it may just be me but I wouldn't then mess about for 5 weeks, I'd have dropped it back off at the dealer. you maybe dont need a car to get to work and back but i did. this is my daily runner and without it i cant get to work. needed the things sorted at weekends and they never where Link to comment Share on other sites More sharing options...
Thorin Posted February 19, 2009 Share Posted February 19, 2009 this is my daily runner and without it i cant get to work So had the engine seized or something and the car was undrivable, how would you have got to work? Link to comment Share on other sites More sharing options...
SupraTRD83 Posted February 19, 2009 Author Share Posted February 19, 2009 So had the engine seized or something and the car was undrivable, how would you have got to work? Well in the situation im in now the car was running so let me put a question to you. you ring a garage on a weekday and they say they can get it sorted on saturday for you, do you: A). Wait till saturday take it up and go home on the bus as I did awaiting the call from the garage saying its done. or do you: B). Tell them no chance and take it up on a weekday for them and dont have a car for work for 2 days getting 3 buses to work setting off 2 hours before your meant to get there and not getting home for 2 hours when your done when its snowing and freezing??????? Link to comment Share on other sites More sharing options...
Thorin Posted February 19, 2009 Share Posted February 19, 2009 A). Wait till saturday take it up and go home on the bus as I did awaiting the call from the garage saying its done. Option A, obviously, but then when the garage said they wouldn't fix it, it's the dealers problem. Link to comment Share on other sites More sharing options...
SupraTRD83 Posted February 19, 2009 Author Share Posted February 19, 2009 And thats when I tried to call them but they where closed so I rung the following monday and they said it would be sorted at this other garage the following saturday as there brilliant (classic garage bull @*&t), so i took it up following sat and had the same scenario so rung up going mad the following monday and thats when they said they'd call me for a private person to fix it by this point i was so mad and someone telling me if there work isnt satisfactory or done properly your allowed to take it to your own garage i did. Link to comment Share on other sites More sharing options...
marbleapple Posted February 19, 2009 Share Posted February 19, 2009 In short there could a potential breach of contract, Sales of Goods Act from the info you have said. I say potential as the law is based on fact, and as Thorin rightfully states, you would have to be able to prove on the balance of probability that the faults had manifested before purchase. At work unless the problems manifested almost straight away (i.e. not 4 years and 30k miles later) we would require an experts report or a report from a expert in the field explaining to the court who is at fault. Warranties (as some one rightfully said) are only as strong as the law. Limitation on a contract claim is 6 years. You could paint my house and I could sue you 5 years and 364 days later and still be in time. Saying that though, if you drive the car off the forecourt and keep for any period of time, we generally tell our clients that you have lost the right to reject. You also have a duty to mitigate your costs, hence you need to give the other side a chance to repair the vehicle. You can also only claim damages arising directly out of the breach, i.e. not inconvenience or mental injury. In relation to whether the company knew, that would be a possible misrepresentation, which would again require evidence. note: SupraTRD I am not confirming nor will I confirm that you have a claim or not. I simply don't know. I would need to see the evidence and facts and I would want paying I was simply responding here in general terms to help the thread along.... I primarily wanted other people to know that the world is not all 'buyer beware'. - Check if you have legal cover through your insurers (home, contents, car) and if so speak to them who will deal with it for you. Link to comment Share on other sites More sharing options...
stevie_b Posted February 20, 2009 Share Posted February 20, 2009 Good informative post marbleapple. Link to comment Share on other sites More sharing options...
SupraTRD83 Posted February 20, 2009 Author Share Posted February 20, 2009 In short there could a potential breach of contract, Sales of Goods Act from the info you have said. I say potential as the law is based on fact, and as Thorin rightfully states, you would have to be able to prove on the balance of probability that the faults had manifested before purchase. At work unless the problems manifested almost straight away (i.e. not 4 years and 30k miles later) we would require an experts report or a report from a expert in the field explaining to the court who is at fault. Warranties (as some one rightfully said) are only as strong as the law. Limitation on a contract claim is 6 years. You could paint my house and I could sue you 5 years and 364 days later and still be in time. Saying that though, if you drive the car off the forecourt and keep for any period of time, we generally tell our clients that you have lost the right to reject. You also have a duty to mitigate your costs, hence you need to give the other side a chance to repair the vehicle. You can also only claim damages arising directly out of the breach, i.e. not inconvenience or mental injury. In relation to whether the company knew, that would be a possible misrepresentation, which would again require evidence. note: SupraTRD I am not confirming nor will I confirm that you have a claim or not. I simply don't know. I would need to see the evidence and facts and I would want paying I was simply responding here in general terms to help the thread along.... I primarily wanted other people to know that the world is not all 'buyer beware'. - Check if you have legal cover through your insurers (home, contents, car) and if so speak to them who will deal with it for you. Thanks ill hopefully sort something Link to comment Share on other sites More sharing options...
DAT Inter Posted February 20, 2009 Share Posted February 20, 2009 Well mine is 14 this year on the supra unless it was ever changed at some point. Going to be replacing with a nice shiney one soon. Link to comment Share on other sites More sharing options...
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