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Forums › The Car › 206 Talk › breakers yards |
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 Posted: Fri Sep 20, 2013 2:42 am |
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Joined: Jul 01, 2013
Posts: 10
Trade Rating: 0
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I bought a comm 2000 from a breakers yard, after doing an online search, where you get quotes back. I asked about the number, the one he was trying to sell me was not the same, he said it is the automatic lights and wipers you have to match up, so I bought the unit. A family member fitted it and I still have the airbag light fault and another fault, the wipers stalk is worse than my own, it is loose and will not turn off. I took the car to the garage and they said the unit is faulty.
I telephoned the breakers, and sent it back, he is accusing me of fraud by sending it back after fitting it, and also said it should not be fitted by anyone but a garage - realistically, what garage would want to fit parts from a breakers yard, they fit new - if you couldnt fit your own, they would be out of business!
He said if the doesnt think it is faulty I will be getting it back, otherwise he will keep my money and look for one with the same number, this could take months and my car is in bits.
Anyone know if I have any rights, or had a similar problem.
Thanks, I have put a donation in the support bit for all your help.
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Posted: Fri Sep 20, 2013 2:52 am |
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Joined: Feb 07, 2010
Posts: 3935
Trade Rating: +84
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Buying anything from a breakers is risky! They are not known for there customer service skills.
Pop to ECP and purchase a new one. Then ask kindly for you money back from the Breakers,
Comms units are hard to know if they are buggered before you purchase them, as most of the damaged ones tend to have intermittent faults. 
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Posted: Fri Sep 20, 2013 3:12 am |
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Joined: Jul 01, 2013
Posts: 10
Trade Rating: 0
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thanks, I emailed euro car parts online and they said ring local branch, I did and they don't have it for my model, it seems to be the more expensive one.
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Posted: Fri Sep 20, 2013 3:41 am |
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Joined: Feb 07, 2010
Posts: 2719
Trade Rating: +6
Location: UK
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Give us the details of the car. Engine , year etc.
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Posted: Fri Sep 20, 2013 3:51 am |
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Joined: Jul 01, 2013
Posts: 10
Trade Rating: 0
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its a 1.1 LX 2003 (53 plate) no automatic wipers or lights, it has front and rear fog lights, its got the extra audio stalk. Peugeot have quoted £326 but I cant afford that, original number on part is 96574407XT.
Thanks, I appreciate this.
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Posted: Fri Sep 20, 2013 6:35 am |
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Joined: Feb 07, 2010
Posts: 2719
Trade Rating: +6
Location: UK
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Posted: Fri Sep 20, 2013 7:51 am |
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Joined: Jan 29, 2011
Posts: 6526
Trade Rating: +10
Location: Westhoughton, Lancashire
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| peugeot7 wrote: |
| Anyone know if I have any rights |
The purchase is covered by The Sale of Goods Act 1979.
As said previously, buying from a breakers is always risky, and buying second hand parts that are prone to failure is even worse.
I did a simple guide for another site, but site is down at the moment so I'll put it on here for you
| Quote:: |
Knowing your rights can give you confidence and put you in a stronger bargaining position. Every time you but new or second hand goods from a shop, catalogue or from anyone running a business, you enter into a contract with the seller. Such sale contracts impose obligations on both the buyer and the seller.
The most important obligations that the seller owes to the buyer are laid down in the Sale of Goods Act 1979 (as amended) by the Sale and Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulations 2002. These obligations are as follows
The seller owns the goods and has the right to sell them. For example, if the goods are stolen then they are still the property of the original owner. They will not become your property.
The goods are of satisfactory quality. This means that the goods should meet the standard that a reasonable person would regard as satisfactory, taking into account any description, price and any other relevant circumstances that might include -
Appearance and finish
Freedom from minor defect
Safety
Durability
The goods must be as described. If any description is applied to the goods regarding the characteristics of the goods whether on packaging, in an advert or verbally by the seller, the goods must match that description. For example, if the colour or size of an item is stated on the packet then the goods inside must be of that colour or size.
The goods must be fit for their purpose. The goods must be fit for all the purposes for which they are normally supplied and, in addition, if you bought the goods for a specific purpose and made that purpose known to the seller then the goods must be suitable for that purpose. For example, if a shop says that a particular paint is suitable for outdoor use, then it should be.
**THESE ARE YOUR STATUTORY RIGHTS AND CANNOT BE TAKEN AWAY**
THE BUYERS RIGHTS
Under the Sale of Goods Act you are allowed a reasonable length of time to check that the goods comply with the above requirements. This is a very short period of time. If the goods do not comply, then you are entitled to reject them and claim a full refund. Once this acceptance period has passed, you may be able to claim damages for any defects that appear during use up to a period of 6 years, dependant on the type of goods. Damages will normally amount to the cost of repairs and any other losses which arise directly from the fault.
The Sale and Supply of Goods to Consumers Regulations 2002 made additional remedies available to the buyer.
Under the regulations, if goods are faulty, consumers can choose remedies alternative to those provided by the Sale of Goods Act 1979 (as amended).
A repair or replacement. The retailer can decline either of these if he can show that they are unreasonably costly in comparison with an alternative. If neither a repair nor a replacement is possible or cannot be supplied without significant inconvenience or delay you may request the following remedy.
A full or partial refund. This will be dependant on what is reasonable in the circumstances. A reduction in purchase price may be made if you have had some reasonable use of the goods.
Proving the fault
Under the Regulations where a fault occurs with goods within 6 months, starting on the date you took delivery, and you request a repair or replacement, or if that fails, a full or partial refund, then you do not have to prove that the fault exists. The trader must prove that the goods were not faulty in disputed cases. After 6 months has lapsed, you will have to prove that goods are faulty, for example by obtaining an experts report. (see USING AN EXPERT)
Second Hand Goods
If you buy second hand goods from a trader, the same rules apply, but remember the age and condition of the goods will be taken into account when assessing if the goods are of satisfactory quality.
THE SELLERS RIGHTS
You will not have any rights against the seller in the following circumstances.
You examined the item before you bought it and should have noticed any faults.
You were told about the fault, but decided to purchase the goods anyway.
You simply changed your minds about the goods, for example they did not fit or the colour was wrong.
You damaged the item yourself through misuse or accident.
Where fault arises through wear and tear.
You made a mistake when purchasing the item.
You did not try the item on before purchasing and they are not faulty.
The goods were a present to you. The only person who has any rights in these circumstances is the purchaser of the goods except where it is made known that the goods are purchased for someone else and the seller does not exclude third party rights as specified in the Contracts (Rights of Third Parties) Act 1999.
These are your basic rights as a consumer. Notices or small print cannot take them away from you. If you see restrictive notices (e.g. “No refunds”) contact your local Trading Standards Office.
Common Excuses
It is the manufacturers fault. You may have additional rights against the manufacturer under a guarantee but this does not remove the obligation on the seller to deal with your complaint. It may be reasonable to allow the seller to get an opinion from the manufacturer.
The goods were reduced. You have the same rights when purchasing 'sale goods' as any other goods. The seller cannot display notices saying 'no refunds' on sale goods.
You do not have a receipt. You have the same rights against the supplier even if you lose your receipt although you will still have to provide some evidence of purchase. However, even without a receipt or any evidence of the purchase you may still be able to make a claim under a guarantee.
BUYING PRIVATELY
If you buy from a private seller, e.g. a car or other goods from the small ads in the local paper, the law gives you fewer rights than if you buy from a trader.
In such circumstances, goods only have to be described. They do not need to be free of faults or fit for their purpose. It is very much a case of buyer beware! You should thoroughly examine the goods before purchase. It may be a good idea to obtain an expert opinion on the goods if they are expensive e.g. a car or antique.
If the seller says anything misleading about the goods and you buy on the basis of what is said, then you may be able to seek a legal remedy, but this is difficult to enforce. It is often good practice to ask for a description of the goods in writing.
It is illegal for a trader to pretend to be a private seller and the trader can be prosecuted. He will be trying to take away your statutory rights. If you have purchased from a trader your normal statutory rights will apply.
If you think the trader is posing as a private seller, you should inform your local Trading Standards Office
Sample letters
Letter to seller rejecting faulty goods
Letter requesting a refund – Failed to rectify faults
Letter requesting a repair or replacement
Letter before action – Refund
Letter to seller requesting a free repair - Goods |
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Posted: Fri Sep 20, 2013 10:52 am |
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Joined: Jul 01, 2013
Posts: 10
Trade Rating: 0
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thanks everyone
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