2006+ Honda Civic Forum banner

1 - 3 of 3 Posts

·
Registered
Joined
·
14 Posts
Discussion Starter #1
In the short time have been watching these forums I have noticed a distinct lack of consistency in the advice given to others. The main areas I have noticed are, when people ask for advice who they are having problems with individual dealers.
The advice given is usually change dealers or contact Honda.

Would it not be a good idea to collectively air our views and come to a consensus on how to handle problems we are having both with dealers and our cars, I am sure if we all contributed we would find a definitive answer and this would benefit us all, I am sure all of us will agree, that if you know your rights, then dealing with a problematic dealership will be far easier.
 

·
Premium Member
Joined
·
12,496 Posts
Some stuff that may help:

What standard must goods meet (including motor vehicles and spare parts)?

The Sale of Goods Act 1979 states “Goods will be of satisfactory quality if they meet the standard that a reasonable person would regard as being satisfactory, taking into account any description of the goods, the price (if relevant) and all the other relevant circumstances.”

The quality of the goods includes its state and condition, fitness for usual purpose, appearance and finish, freedom from minor defects, safety and durability.

This standard is implied in the sale of goods, but will not include those matters which are drawn to the buyer’s attention at the point of sale or those matters which ought to have been revealed by an inspection, if conducted by the buyer before the contract is made.


Can I reject my vehicle?

Rejection of a vehicle is very difficult. A consumer can attempt to reject their vehicle if it fails to be of satisfactory quality (please see preceding question) and is initiated within a reasonable period of time.

A reasonable period of time refers to the period of time in which the consumer could be expected to have examined the vehicle and discover any discoverable defects. What is reasonable will depend upon the facts of each case.

If you do wish to reject your vehicle then you will need to stop using it immediately and inform the selling dealer and/or finance company of your intention to reject the vehicle. This should preferably be in writing.

We would suggest that you seek advice from your solicitor, or contact you local Citizens Advice Bureau or Trading Standards office before attempting to reject your vehicle or if you have any problems rejecting your vehicle.


Can I get a refund or am I entitled to a replacement?

Consumers may be entitled to reject their goods and obtain a full refund where the goods are not of satisfactory quality, providing that they attempt to reject the goods within a reasonable period of time.

Retailers are not legally obligated to replace faulty goods. The myth that consumers are legally entitled to have faulty goods replaced has grown from the practice of high street stores offering to exchange any faulty goods by way of customer relations goodwill and not because of any legal obligation to do so.

However consumers who purchase goods after 1st April 2003 benefit from some additional legal remedies as a result of recent changes to consumer legislation by the Sale and Supply of Goods to Consumers Regulations 2002. Consumers now have the right to require the seller to repair or replace their goods if they do not conform to the contract. Consumers should be aware that the seller is not obliged to effect a repair or replacement if the cost is disproportionate to the cost of carrying out another remedy, if the required remedy is impossible, or if it is not capable of being delivered within a reasonable period of time. If the goods cannot be repaired or replaced the consumer can require the seller to reduce the purchase price by an appropriate amount or rescind the contract.

It is important to note that the new rights under the regulations only apply to consumer sales, which are contracts where a natural person, is acting outside their trade, business or profession.


I want to claim compensation. Am I entitled to this?


Compensation or damages is another remedy provided for under the Sale of Goods Act 1979. If the right to reject or replace your vehicle has been lost, but the vehicle has become of unsatisfactory quality due to an inherent fault, a consumer may be able to make a claim against the seller and/or finance company for compensation for losses that you have incurred.

We would suggest that you seek advice from your solicitor, or contact your local Citizens Advice Bureau or Trading Standards office before attempting to seek compensation or if you have problems in obtaining compensation.


Who can I make the claim against and can I sue the manufacturer?

Your contract of sale is with the selling dealer or finance company, if the vehicle was purchased on finance. This contract will be governed by the Sale of Goods Act 1979 for vehicles sold before 1 April 2003 or the Sale of Goods Act 1979 as amended by the Sale and Supply of Goods to Consumers Regulations 2002 if sold after the 1 April 2003.

In addition to your statutory rights, your vehicle may, depending on age have a warranty agreement with the relevant manufacturer. This agreement is a guarantee from the manufacturer to repair the vehicle if it suffers a failure as a result of a manufacturing or material defect.

Any claim to reject the vehicle, have the vehicle replaced or requests for compensation should be directed to the selling dealer/finance company and not the manufacturer of the vehicle.


The manufacturer/dealer will not supply me with a courtesy vehicle. Do they have to?

There is no legal obligation on a manufacturer/dealer to supply their customers with a courtesy vehicle. A courtesy vehicle may be supplied by an authorised dealer as a discretionary service and therefore we would recommend contacting the dealer to request a courtesy vehicle before booking your vehicle in for the necessary service or rectification work.

Further, the dealer is within their rights to charge a fee for this service, which in most cases is to cover the insurance cost of the courtesy vehicle.
 
1 - 3 of 3 Posts
Top