Damaged on Delivery

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Fri 22 Jul 2011 13:52
Damaged on Delivery - Legal beagle

I purchased a vehicle from a main dealership at the other end of the country. Little was taken off the price but it was claimed it was in great condition with a full service history.

On arrival the driver insisted I take him straight to the station so he can make his way home. I had no problem with that as he assured me any probs would be dealt with. After dropping him off I then had to get a cab into town to tax the car as it was delivered minus tax as discussed. Hence it was a few hours until I was able to check the car out and discovered it had a bit of damage, not major but significant and some deep scratches. Whilst they originally agreed to pay for repairs they then backed away and rescinded the 'offer' to take the car back. I am aware this goes against my rights under the SOGA. I believe they got awkward when I started to ask for damages/compensation for a a service history that was lacking what they described and for now having a damaged vehicle - ie. not as described.

I did not wish to return the vehicle as I needed it immediately and a course with work lasting 3 months would not have afforded me the chance to look for something else. Indeed regardless of these points I was still pleased with it. I admit a bit of naivety in not checking the car first but believe that is explainable. Indeed the dealer can not claim I signed that I checked it either.

Apologies if the post is long but I would appreciate thoughts and views. I have already issued a claim in the Small Claims Court but there may be added bits I have not thought about. Cheers

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Fri 22 Jul 2011 14:16
Damaged on Delivery - Gordon17

Presumably you signed some sort of delivery note for the car? What did that say?

I think you were very naive to accept something as large, and prone to damage, as a car, without checking it very thoroughly.

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Fri 22 Jul 2011 17:34
Damaged on Delivery - concrete

Why Legal Beagle? A verbal contract is just as binding under English law as a written one. I presume you sealed the contract with a deposit of some sort. Clearly if you have paid a fair market price the vehicle should be as described and of merchantable quality. Scratches would obviously render the vehicle less than such quality. You should stand a good chance of a result on the face of it. If you proceed and the hearing is set, the other side will ask for the court venue to be changed to where the dealer is. Insist this is not possible for you and stick out for a local venue. When the dealer sees he may have to travel many miles, possibly an overnight stop with solicitor etc he might just play ball because he doesn't seem to have a strong defense. He will probably play 'brinkmanship' and take it to the wire, so hold your nerve and stick to your guns. If the hearing gets set, let us all know and a few pointers about court behaviour and ettiquette will be forthcoming. Good luck. Concrete

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