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PostPosted: Fri Nov 09, 2018 2:18 pm 
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UKS Addict

Joined: Thu Sep 01, 2005 5:31 am
Posts: 4294
Location: Bucks
Car Model: Saab NG 9-5 Aero
beardydave wrote:
Quad_cam_turbo wrote:

I'm done with you.



I think you're missing my point.

If you buy something in a shop and take it home yourself, can you claim for the cost of returning it if faulty?
I don't think so, but i'm happy to be corrected as I frequently find I need to return things i've bought from Ikea when they are faulty, and it's a 60 mile round trip that i'd like to not pay for.

You've confused the issues talking about cost of returning the item / distance selling, because the OP hasn't bought at a distance. He's bought in person.
And as i've interpreted the law, that would make him liable for the cost of returning the car for repair or replacement, whether that's driving it himself, or paying for recovery as it's not safe to drive.

If you go to the shop, Distance Selling (or what ever the law now calls it) doesn't apply.


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PostPosted: Fri Nov 09, 2018 2:35 pm 
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Light Pressure Turbo

Joined: Fri Jan 09, 2015 7:22 am
Posts: 561
Location: Forest of Dean
Car Model: OG 9-3 SE
GeoffR wrote:
beardydave wrote:
Quad_cam_turbo wrote:

I'm done with you.



I think you're missing my point.

If you buy something in a shop and take it home yourself, can you claim for the cost of returning it if faulty?
I don't think so, but i'm happy to be corrected as I frequently find I need to return things i've bought from Ikea when they are faulty, and it's a 60 mile round trip that i'd like to not pay for.

You've confused the issues talking about cost of returning the item / distance selling, because the OP hasn't bought at a distance. He's bought in person.
And as i've interpreted the law, that would make him liable for the cost of returning the car for repair or replacement, whether that's driving it himself, or paying for recovery as it's not safe to drive.

If you go to the shop, Distance Selling (or what ever the law now calls it) doesn't apply.


Does it matter how far away the shop is?

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PostPosted: Fri Nov 09, 2018 2:38 pm 
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Joined: Mon Feb 19, 2007 4:12 pm
Posts: 8028
Location: Portsmouth
Car Model: 96 V4 & 9-3 Turbo-X
Don't think so, as you've chosen to buy it from there.

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'09 9-3 Turbo-X Wagon No. 38
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PostPosted: Fri Nov 09, 2018 2:39 pm 
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Light Pressure Turbo

Joined: Fri Jan 09, 2015 7:22 am
Posts: 561
Location: Forest of Dean
Car Model: OG 9-3 SE
I was joking :lol:

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PostPosted: Fri Nov 09, 2018 3:11 pm 
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China Charger

Joined: Wed Jul 29, 2009 6:21 pm
Posts: 11699
Location: All over town.
Car Model: Mapped S60 D5
This all could have been sorted with £2 of petrol and a match. What a palaver.

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99 9-3 SE HOT S3
98 9K 2.3
92 9k CD 18T
99 9-3 19T
00 9-5 Aero S3
96 9K Aero S3


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PostPosted: Fri Nov 09, 2018 3:19 pm 
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Joined: Thu Dec 24, 2015 8:25 pm
Posts: 1975
Location: Lingfield, Surrey
Car Model: 93 Aero 2.8T cabrio
beardydave wrote:
Quad_cam_turbo wrote:

I'm done with you.



I think you're missing my point.

If you buy something in a shop and take it home yourself, can you claim for the cost of returning it if faulty?
I don't think so, but i'm happy to be corrected as I frequently find I need to return things i've bought from Ikea when they are faulty, and it's a 60 mile round trip that i'd like to not pay for.

You've confused the issues talking about cost of returning the item / distance selling, because the OP hasn't bought at a distance. He's bought in person.
And as i've interpreted the law, that would make him liable for the cost of returning the car for repair or replacement, whether that's driving it himself, or paying for recovery as it's not safe to drive.


You originally said:

beardydave wrote:
Technically even if you've paid for the original delivery, it's still up to you to pay for returns if it's faulty, but not may places take this line.


And that is what I responded to.
If you buy an item (whether in store or online), but that item is delivered, then the retailer is responsible for uplifting since it forms part of the contract (they are liable for the product whilst it is being delivered).

So yes. If you bought a sofa from Ikea, and had it delivered and it suffered a fault within a few months of purchase then yes, they would be legally responsible for its uplift.

We bought a new car in June. We had to pay £195 for delivery to the dealership. That charge would be refunded if the vehicle was deemed faulty and returned for refund.

I haven't mentioned distance selling, which I've already said has been replaced by consumer contracts regulation which came in 4 years ago.

Basically if the seller operates any delivery, they assume the pick up cost if there is a warranty claim - irrelevant of whether you bought it in store or online.

Please let's put a nail in that now.

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'03 Jaguar X-Type 3.0
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PostPosted: Fri Nov 09, 2018 3:27 pm 
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China Charger

Joined: Wed Jul 29, 2009 6:21 pm
Posts: 11699
Location: All over town.
Car Model: Mapped S60 D5
Quad_cam_turbo wrote:
.

Please let's put a nail in that now.


So it was you who sabotaged Ben's tyre? The plot thickens....

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Gone
04 9-5 Aero S1
99 9-3 SE HOT S3
98 9K 2.3
92 9k CD 18T
99 9-3 19T
00 9-5 Aero S3
96 9K Aero S3


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PostPosted: Fri Nov 09, 2018 4:00 pm 
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Still Gassing

Joined: Sat Oct 01, 2011 2:06 pm
Posts: 15065
Location: Chester-le-Street
Car Model: 99GL C900i C900SE
filathome wrote:
Quad_cam_turbo wrote:
.

Please let's put a nail in that now.


So it was you who sabotaged Ben's tyre? The plot thickens....



:lol:

:corn:

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PostPosted: Fri Nov 09, 2018 4:06 pm 
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Joined: Mon Feb 19, 2007 4:12 pm
Posts: 8028
Location: Portsmouth
Car Model: 96 V4 & 9-3 Turbo-X
Quad_cam_turbo wrote:
beardydave wrote:
Quad_cam_turbo wrote:

I'm done with you.



I think you're missing my point.

If you buy something in a shop and take it home yourself, can you claim for the cost of returning it if faulty?
I don't think so, but i'm happy to be corrected as I frequently find I need to return things i've bought from Ikea when they are faulty, and it's a 60 mile round trip that i'd like to not pay for.

You've confused the issues talking about cost of returning the item / distance selling, because the OP hasn't bought at a distance. He's bought in person.
And as i've interpreted the law, that would make him liable for the cost of returning the car for repair or replacement, whether that's driving it himself, or paying for recovery as it's not safe to drive.


You originally said:

beardydave wrote:
Technically even if you've paid for the original delivery, it's still up to you to pay for returns if it's faulty, but not may places take this line.


And that is what I responded to.
If you buy an item (whether in store or online), but that item is delivered, then the retailer is responsible for uplifting since it forms part of the contract (they are liable for the product whilst it is being delivered).

So yes. If you bought a sofa from Ikea, and had it delivered and it suffered a fault within a few months of purchase then yes, they would be legally responsible for its uplift.

We bought a new car in June. We had to pay £195 for delivery to the dealership. That charge would be refunded if the vehicle was deemed faulty and returned for refund.

I haven't mentioned distance selling, which I've already said has been replaced by consumer contracts regulation which came in 4 years ago.

Basically if the seller operates any delivery, they assume the pick up cost if there is a warranty claim - irrelevant of whether you bought it in store or online.

Please let's put a nail in that now.


I can't find that in the guides to the legislation i've looked at. But all are written from the point of view of "bought something in store" or "bought something online with delivery", not the specific case of "bought in store and paid for delivery", but i'll take your word on it.

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'75 96 V4 Anniversary Restoration Project
'09 9-3 Turbo-X Wagon No. 38
B204 Haynes Roadster Project


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PostPosted: Fri Nov 09, 2018 4:22 pm 
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Joined: Mon Feb 19, 2007 4:12 pm
Posts: 8028
Location: Portsmouth
Car Model: 96 V4 & 9-3 Turbo-X
I've done even more digging, and found this and there are special circumstances which apply to used car sales.

https://www.citizensadvice.org.uk/problems-used-car/


In summary of the advice, if you notified them within 1 month then you are entitled to a refund or a repair (your choice) due to the issue with the brake leak, and they are responsible for collection of the vehicle if it is not in a roadworthy condition (which is true). The tyre is an irrelevance almost, as that could easily have occured within your ownership. Certainly trying to claim a refund for the whole car through the courts on the tyre issue alone would be a shakey case IMO.

If you notified after 1 month but within 6 months you are only entitled to a repair, but again you should not be paying for recovery of vehicle if it is not safe to drive. Any offer they make as regards getting it fixed elsewhere is at their own discretion. If the repair then fails again you do not have to accept a second repair on the same item and they may offer a refund, possibly with a reduction to allow for usage during that time.

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'75 96 V4 Anniversary Restoration Project
'09 9-3 Turbo-X Wagon No. 38
B204 Haynes Roadster Project


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PostPosted: Fri Nov 09, 2018 9:56 pm 
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Saab Nut

Joined: Sun Aug 03, 2014 9:00 pm
Posts: 1018
Car Model: 9-3ss aero stage 3+
Op.
Please post up a picture of the brake fluid leak.

Best case scenario- just a bleed nipple needs nipping up
Worst case scientifically brake line needs replacing.


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PostPosted: Sat Nov 10, 2018 9:19 pm 
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Joined: Tue Dec 15, 2009 11:23 pm
Posts: 2330
Location: Ipswich, Suffolk
Car Model: 900T16s, Daihatsu Charade GTti
twostroker wrote:
Op.
Please post up a picture of the brake fluid leak.

Best case scenario- just a bleed nipple needs nipping up
Worst case scientifically brake line needs replacing.


Quote:
The fault is with a stripped thread where the front to back brake line (replaced for MOT) connects to the flexi pipe O/S rear wheel (MOT advisory on this flexi pipe too). This 100% confirms that the fault was created at time of MOT repairs just 3 days prior to purchase.


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