Car Danger

Discussion in 'Off-Topic Discussion' started by rosa, Jul 18, 2009.

  1. rosa

    rosa Gardener

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    thanks guys im really upset about all of this and just dont know what to do, iff this goes on and on i dont want the car back, never had any of this carry on with any car i have had in the past, will see what happens when AA pick up the car tommorow and iff they cant sort it out im telling them thats it i dont want the car back, will let you know what happens after tommrow when the AA take the car away.
     
  2. Paladin

    Paladin Gardening...A work of Heart

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    Chin up Linda:gnthb:...It's just a piece of metal after all!....Things will be fine I'm sure,the AA will support you and right is on your side!...x
     
  3. rosa

    rosa Gardener

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    thanks pal, yes its just a piece of metal but i guess when you have got attached to a car its like part of you, mind not that its been with me long its spent more time in the garage, ive told them i dont want the car back in the garage for that long again, so its getting booked in this time, hubby reckons those parts have just come loose and wants their tightned it should be fine but i have my doubts as its just going on and on and i dont really want to get another car in case the same goes on, we shall see what happens but my patience is wearing gradually over this
     
  4. Helofadigger

    Helofadigger Gardener

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    Oh Rosa I bet you're really fed up but I do hope that you get it sorted to your liking, like I said before ours got sorted but it did take an awful of of heartache and 6 months of our life!

    Unfortunately I would have to disagree with Cluessless (sorry hun been there done that in a case like Rosa's) but as a buyer you can not demand anything from the vender as long as the vender is willing to repair the car he's covered more than the poor buyer, trading standards will tell you that if you get in touch with them.Hel.xxx.
     
  5. rosa

    rosa Gardener

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    helen yes im getting sick of this your right as its up to the seller and hes getting it sorted, he did say iff i was fed up of car he would let me pick another car but no mention of money back, havnt heard from him as yet.
     
  6. clueless1

    clueless1 member... yep, that's what I am:)

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    You've had a different experience to me. I rejected a car a few years ago and had to start quoting the sale of goods act and making reference to the small claims court to get my way. In the end they backed down and it was all sorted.

    I guess it depends on a number of factors. I spoke to trading standards when I was fighting my case. They basically told me that I had to make allowances for things like the age of the car, the price I'd paid, how much use I'd had out of it etc. Because I'd had trouble with the car from the day I picked it up, and had reported it and given the garage two chances to fix it, they said my case was very strong. They said that If on the other hand I'd noticed the fault and immediately tried to reject the car, I would be seen to have been unreasonable if it went to court, and my case would have been much weaker. Based on what Rosa has told us, she has been far more reasonably than most would have been. If I've followed the story correctly, she has allowed the garage three attempts to fix the same fault, and after the third attempt the car went into the garage with the risk of random breakdown, and came out with the risk of huge fireball. I think if the case made it as far as court, I can't see how any reasonable judge could possibly rule in favour of the garage without tearing up the Sale of Goods act, and possibly the Misrepresentation act too, and throwing it out of the window.
     
  7. Clematis

    Clematis Gardener

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    I bought a brand new car a few years back. Lots of noises coming from the car. I took it back to the garage and they said it needed new gearbox. I refused to let them put a new gearbox into a brand new car, rejected the car (you actually have to say the words "I am rejecting this car") and said I wanted a new one. They refused, so I left the keys with them - saying it was now their responsibility (make sure your insurance is running before you do this). It took 3 months, but I got a new car - higher spec than the one I had, because what I had was no longer made. Sorted.

    Stick to your guns Rosa
     
  8. clueless1

    clueless1 member... yep, that's what I am:)

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    Here's the letter I sent to formally notify the garage I was rejecting my car:

    Unfortunately I can't find the schedule of events that I refer to in the letter, but it was basically just a full record of what happened, which I produced in anticipation of the case having to be heard in court. It never reached court as it happened.

    The letter follows several phone calls that I made to the company, being reasonable but assertive. After they received my letter they phoned me and verbally agreed to my terms, but said head office had some paperwork to do. I noted this conversation down and wrote another letter stating that we'd reached agreement based on that, and gave them 14 days to keep to their word, warning them that I'd already prepared a court application, and would submit it to the court at the end of the 14 days if the issue wasn't resolved by then. It was. I took a witness with me and took the car back, making them sign a written statement that they now had the car and accepted that the contract was void, and that no further contact need occur between us.

    Note that in the letter I refer to the Sale of Goods act 1979. That was on the advice of trading standards, but I've since learnt that we should refer to the Sale of Goods act 1990 as amended instead. Also note that I specifically state that "I do not affirm the contract of sale", that line was on the advice of trading standards too.

    You might also note that I've hid the name of the garage. In the legal wranglings we agreed that I wouldn't discuss the specifics of the case other than with my legal representatives.
     
  9. rosa

    rosa Gardener

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    hi guys well AA came this lunch time and my car has been towed to the garage 1 hours drive from me, i nearly cried my eyes out seeing it on the ramp got pics of it put them up soon, lets hope its sorted very soon, i spoke to the girl at renault were my car has gone and she went very quiet i told her you gave me that car back in a dangerous state and it could of set fire she went quiet.
    put pics up of my baby soon haha attached to the AA van.
     
  10. rosa

    rosa Gardener

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    heres my baby all towed up on AA truck ready for the off to the garage sigh, cry it really upset me today.

    [​IMG]

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  11. Penny in Ontario

    Penny in Ontario Total Gardener

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    I am sorry that this car has been such a headache for you, but here's hoping its fixed right this time.

    BTW...what kind of car is it, its awfully cute!!!
     
  12. rosa

    rosa Gardener

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    hi penny lets hope its sorted soon its a reanault megane convertible
     
  13. Penny in Ontario

    Penny in Ontario Total Gardener

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    Its so cute, and being a convertible.....very nice car.
     
  14. rosa

    rosa Gardener

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    thanks penny cant wait to get my car back, its great with the roof down just hope that stupid garage gets if fixed soon
     
  15. Pippa

    Pippa Gardener

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    Fingers crossed here too .
     
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