Join Date: Aug 2006
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Re: Any advice on where I stand?
Yeah had some concern myself in relation to 'fit for purpose' taking that the car drives fine and thats kinda its purpose.
However having spoken to the local consumer advice line and researching the sale of goods legislation, the whole fit for purpose thing is not the only issue. I have a right to 'quiet enjoyment of my purchase'. It is also stipulated that taking the age and cost of the item into account the item/goods must be free from minor defects. Obviously a 10 year old car bought for £1500 would be expected to have some faults but a 3 yr old for £12K should be in good order.
I've also managed to contact the local internat site (like autotrader but not) were the car was advertised, they have been able to provide me with a transcript of the advert. I wanted this to confirm that the car had been advertised as having a CD player, and thankfully it was, just about it just states 'ABS, CD, half leather' like so. If i'm right then under trading standards legislation if it says it has a CD player it must have a working CD player.
The consumer council have advised me to contact the trader in writing, including the quote for the repairs and a date on which we will have the work carried out, pay for it ourselves and then pursue the trader to the small claims court for the cost.
This all sounds fine apart from the paying out for it ourselves then taking the risk that the court will rule in our favour and that the trader will actually pay up. ???
Currently in hangman1978's garage:
2004 Clio dci 100