Sale of Goods Act claim?
I wonder if you can help me even though the item in question is a scooter but not a car. Hopefully the law and your professional opinion applies in the same way.
I bought a 13-plate Vespa advertised for £2,200 for £1,900 in October 2014 from a trader. I did not purchase a warranty that he offered but it did come with a MOT that was already was ten months in with no advisories. He offered me a fresh MOT on purchase or a "free MOT" in December 2014. I accepted the latter.
When the MOT expired, I called the trader to claim the "free MOT". He asked me to drop it to him. I said to him that I wanted him to pick it up from me which was some twenty-five miles from his location. He refused to pick it up and he said that was not was agreed. I then took it to a local garage nearer to me for the MOT, who found a host of issues with the scooter which makes me believe the scooter was not fit for purpose for sale at the time when I bought it. I spoke to the original trader who sold me the scooter who asked me to bring it in if I had such concerns.
I wrote to the original trader in March 2015 then asking him for a full refund under the SOG Act which he has also refused to do citing that I did not give him the opportunity to fix any problem if it existed and that given that I had taken it to other garages, he cannot be held liable or ascertain whether my claims are valid.
Where do you believe I stand?
I bought a 13-plate Vespa advertised for £2,200 for £1,900 in October 2014 from a trader. I did not purchase a warranty that he offered but it did come with a MOT that was already was ten months in with no advisories. He offered me a fresh MOT on purchase or a "free MOT" in December 2014. I accepted the latter.
When the MOT expired, I called the trader to claim the "free MOT". He asked me to drop it to him. I said to him that I wanted him to pick it up from me which was some twenty-five miles from his location. He refused to pick it up and he said that was not was agreed. I then took it to a local garage nearer to me for the MOT, who found a host of issues with the scooter which makes me believe the scooter was not fit for purpose for sale at the time when I bought it. I spoke to the original trader who sold me the scooter who asked me to bring it in if I had such concerns.
I wrote to the original trader in March 2015 then asking him for a full refund under the SOG Act which he has also refused to do citing that I did not give him the opportunity to fix any problem if it existed and that given that I had taken it to other garages, he cannot be held liable or ascertain whether my claims are valid.
Where do you believe I stand?
Asked on 3 January 2016 by Eilis
Answered by
Honest John
Nowhere now. To avail yourself of the original offer of the free MoT, you needed to take the scooted back to the dealer. Why should he have come 25 miles to pick it up from you. That was not part of the deal. Then, when the local MoT station found the faults with the scooter you should have rejected it and returned it to the dealer for your refund. You cannot reject something if you retain possession of it. Now I think too much time has passed (16 months). Law here: www.honestjohn.co.uk/faq/consumer-rights/
Tags:
consumer rights
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