Gesture Goodwill

[MCE 0]

No, it was due MOT renew in Feb 2019, but she done nothing so currently the car have no MOT. She went to Court on 28th May 2019.

[MCE 0]

Sorry, I mean she submit her case to Court on 28th May 2019, hearing in Dec 2019, so getting some advise.

[David Ayers 171]

My amateur legal opinion.

I think the judge will see you sold a car. 10 days later customer reports a fault with her steering. You refuse to help, but offer to buy it back less £130 for mileage, if her Short term Right To Reject had been sucessful you couldn't have charged mileage.

Obviously the poor customer went home and reviewed the offer and decided she still wanted to exercise her legal right to reject but you still refused. Thus leaving her with no other course of action put to pursue through the courts. 

Unfortunately I can't offer any advice on actually going to court but if/when the judge orders you to pay a full refund don't forget to ask for the car back!

You never know the judge might have a different opinion. 

I wonder how much it would have been to put in a new bolt?

 

Edited October 24, 2019 by David Ayers

[MCE 0]

We did offer to help:-

(a) the vehicle come with a free AA 6 month warranty, with a claim limit of £1000 p/claim and steering is cover part.

(b) we offered to inspect and repair by replaced the bolt.

Customer did confirmed in writing to us, the steering only became stiff days later, it was not present at the time of sale nor during test drive. 
 

 

[David Ayers 171]

Sorry I didn't see that.

A. Suprised if the warranty would cover a broken bolt.

B. Can't say fairer than that.

In which case it would seem you have done as much as you can.

Personally I don't see how the goodwill gesture would work against you.

Even if she got it fixed herself it would be less than £200.

Was it a WRX? Or just a normal Imprezza?

Edited October 24, 2019 by David Ayers

[MCE 0]

That's is what we thought but the solicitor advise go against it, so going to get second opinion. 
I will keep everyone update about the hearing, if our gesture goodwill offer go against us.

 

[David Ayers 171]

13 minutes ago, MCE said:

That's is what we thought but the solicitor advise go against it, so going to get second opinion. 
I will keep everyone update about the hearing, if our gesture goodwill offer go against us.

 

If you are a member of the IMDA you can get free legal advice, amongst other things.

The membership fee is worth every penny. It's free!! @umesh

[Holmfirth Cars 12]

Q- Surely you both went to arbitration ?

12 months independant MOT would have proved the vehicle was fit for purpose. What does a judge deem a dangerous fault ? say a drop link ? Its interpretation .

Ill be interested to see the outcome / good luck.

[MCE 0]

Thank you.
The questions we want to clarify are:-

-For customer to reject under 30 day's, do they need to proof the fault was existed at the time of sale or it can be accept if it happened within 30 days?

-Is Gesture Goodwill offer legally binding? And can it be withdrawn if party don't follow the agreement to return the vehicle on the agreed date and time?

-Broken bolt is it major fault?

 

[Jack Regan 116]

Can't offer legal advice ......

But you should of got it back , sorted fault with steering ( if there was one ) and put a years mot on it at same time .

[umesh 336]

2 hours ago, David Ayers said:

If you are a member of the IMDA you can get free legal advice, amongst other things.

The membership fee is worth every penny. It's free!! @umesh

Thank you @David Ayers ! Here to help and already already with The IMDA legal partners. #theIMDA 

[MCE 0]

Yes, just jointed. Thank you for letting me know about IMDA.

 

[MCE 0]

Yes, English is not my first language.

The bolt on the alternator anchor point could break due to a sudden jolt or impact caused by speed bump or pot hole. Hence this was not present at the time of sale, customer confirmed the vehicle driver normal at the time of collection. She had done 290 miles on the car before it became stiff. 
We suspected after the bolt broke with the alternator moving, the auxiliary belt will loosen and reduce drive to the power steering pump pulley.

however, customer confirmed she bought the Subaru for her son who just passed his driving test, so we don't know what had happened behind the wheel but customer confirmed the steering suddenly became stiff while driving. 

[AAM90 22]

I may have missed this but how much did you sell the car for?

[MCE 0]

£2995 

2006 Subaru Impreza with 111,000 miles.  

[MCE 0]

Thank you for your comment.