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Hi, I am in the process of buying a used car and have found this site exremely useful and infornative. I do have a small problem though that I haven't found an answer to.I went to buy a car last saturday, on testing it there was a mis fire problem. I still wanted the car and the dealer said he would have things sorted by today. I have just spoken to him and they have been unable to identify the problem hence the car is not ready. He said he hasn't had enough time because of the bank holiday?? He is going to ring me again on Monday. The question is what is reasonable time for me to reject the sale under the sale of goods act, and where do I actually stand, I ahve paid a small deposit that I can't afford to lose. Also I'm concerned it will be bodged up to get it to me quickly. Any advice would be greatly appreciated.
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What car is it you have left a deposit on ?
Is it aFranchised Dealer (Ford Vauxhall etc) or a used car dealer ?
Dont worry about having to get into rejection as you have not taken delivery yet.
Contract law is how you "get out" of this deal. Basically he has broken the contract verbal or written by not having the car ready on time as agreed. The delivery date is part of the deal...... if he hasnt fixed it within the time of you signing and now then you really need to be asking for your deposit back.
Asking = Demanding
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Thanks for that. It is an independent trader. Those were my original thoughts on the delivery date, but its always good to have them confirmed.
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One other thought occurs to me, this bank holiday excuse sounds like eyewash to me.
This problem is no doubt causing a headache to diagnose and cure, and sounds like a good car to avoid.
Can't believe he was trying to sell a non runner anyway, and to me a car misfiring is a non runner, could be doing untold damage to emission systems and the like whilst its doing this.
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I went to the dealer this morning. I asked for an update and a guarantee the car would be ready for Tuesday. He wasn't able to do this and as I need a vehicle to take my wife and daughter to work I cannot afford to be left without a vehicle. He told me the bloke who dealt with me should not have said it would be ready by today. i explained that that wasn't my problem. I asked for my deposit back and he refused saying if the car wasn't ready by next friday I wouid be entitled to it back, that will be 5 working days after the agrreed date and 10 after the initial agreement. After a few words I have walked away and gone to another garage. Could someone please advise me of the steps I need to go through to get my deposit back. The fact that the bloke (who it turned out owned the place) was totally rude to my wife was the final starw. I am not an agressive person and am fairly easy going but I would not like this to happen to other people and so intend to do what is nesseccary.
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intend to do what is nesseccary [sic].
Contact Trading Standards and ask them for help with the new law which came in to effect last week:
www.honestjohn.co.uk/news/item.htm?id=4781
www.businesslink.gov.uk/unfairtrading
"... Many of the existing laws (including most of the Trade Descriptions Act) have been replaced by the Consumer Protection from Unfair Trading Regulations 2008 since 26 May 2008. The new regulations ban traders in all sectors engaging in unfair commercial (mainly marketing and selling) practices against consumers. The regulations also set out how commercial practices can be unfair by being misleading (by action or omission) or aggressive ..."
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Thanks ever so much for those links, they are really useful. I feel really let down at present. Fortunately the dealer we are now buying off is totally the other end of the scale and couldn't be nicer.
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