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14 day cooling off period - what's the law?

13 replies

bohemianbint · 21/06/2008 18:39

I've just bought my camper van from a dealer, finally, after so much faffing to get it. And guess what, after 10 miles the gearbox has had it, can't get 1st or 2nd gear. Am absolutely gutted, we were supposed to be going away in it tomorrow and now that's all out of the window.

I'm just wondering if all purchases are covered by a 14 day cooling off period? Because we don't have the cash to fix it now, and if the guy we bought it from won't fix it, or take it back, we are totally screwed. I have no idea how much a new gearbox would cost, but we don't have a penny spare now.

Anyone know if there's anything we can do?

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TheArmadillo · 21/06/2008 18:42

this is the site you want

check it out on there, there is a section about cars. SHould tell you what the laws are.

bohemianbint · 21/06/2008 18:46

Cheers Armadillo. It says to go back to the trader asap, but it doesn't say whether he can tell me to go and whistle.

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SenoraPostrophe · 21/06/2008 18:51

the 14 day cooling off period is for distance selling and financial services, not cars.

however you can argue that as the gearbox was knackered, it was not "fit for purpose", and you can threaten to call trading standards. it's a tough one with cars because he may not have known there was a problem (but it does sound a bit suss). give it a try anyway.

bohemianbint · 21/06/2008 18:53

Cheers Senora. Will leave him a message now and see what he's prepared to do. The annoying thing is that we can't really do anything now until Monday and we were supposed to be going away in it tomorrow. DH has spent the whole afternoon cleanign it up and organising it. I think I might cry.

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TheArmadillo · 21/06/2008 19:00

The only stuff I can see on google is a bbc site which says get advice from local trading standards - they'll be run by your council. COntact them and get advice asap.

From other part of that site it seems it is Section 14 of the sale of goods Act you need to look at.

have a look here

SNoraWotzThat · 21/06/2008 19:02

Also see this web link
The Sale of Goods Act (SGA) 1979 (as amended) is the statute which covers the sale whether it's a car, clothes or a toaster that you're buying.

Sorry to hear about your holiday

Hi Senora I'm a hidden wotz - i didn't realise how close the prefix was - I don't think we will be confused. Do you?

Shall we start a thread to confuse folk?

bohemianbint · 21/06/2008 19:15

THank you for the links. It's a bit confusing as I'm not sure what his status is; he's been there for around 20 years and just buys and sells vehicles. Does that make him a trader? He said he doesn't offer a warranty, but surely it can't be right that he can sell something that does 5 miles and falls to bits? He seems like a nice enough bloke.

Dunno whether to ask to have it fixed, or to just get shot of the bloody thing.

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SNoraWotzThat · 21/06/2008 19:21

if he buys and sells he must be a dealer and as such can't get away with selling items that don't do what they are meant to.

If it makes you more incensed he would know the gearbox was going. They don't just go!

SNoraWotzThat · 21/06/2008 19:21

Does he seem so 'nice' now?

bohemianbint · 21/06/2008 19:27

Hmmmmmmm, Snora. No. But that's good then, as a dealer we have some comeback?

I have left a message on his answerphone to register that there is a problem. I guess we'll just have to take it from there.

(DS who is 22 months old is running around the house shouting "camper van, camper van!" He was so excited about the whole thing, it's just shit. )

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SNoraWotzThat · 21/06/2008 19:49

I am really sorry
Maybe start a thread asking if any MNer have a DH or Dp who is a car dealer and see what they think.

What paperwork did he give you in form of a receipt of payment? Get all your documents together.

SNoraWotzThat · 21/06/2008 19:56

It might not be the gearbox? Maybe he will fix it free of charge? The you can still go away.

off clutching at straws and crosses fingers for bohemianbint

bohemianbint · 21/06/2008 19:56

Thanks SNora. I have a receipt, the last MOT cert (only done in March!) and a stack of receipts for work done on it.

Will start another thread and see. Thanks for advice.

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