ihpj, on Feb 5 2010, 11:31 PM, said:
Dare I suggest that if you are having any issues with the gearbox, that sounds like a gearbox fault to me. Unless other [manual] Aygo owners can comment otherwise, I would suggest you start talking about rejecting the car. No gearbox should be difficult to find gears in.
Start talking about rejecting the car? Its a bit late for that now. My Aygo has problems sometimes shifting into first gear, but its rare. The owners had the car since September. I d suggest not to give "legal advice" to any party with out legal knowlegde. Here`s an example why:
WARNING ABOUT PURSUING A TRIVIAL CASE TOO FAR
Important Appeal Court Case Precedent supplied by Andrew Quirk
A recent hearing highlighted the importance of seeking sensible early legal advice in order to save unnecessary expense.
Darren Egan vs. Motor Services (Bath) Ltd (18 October 2007) is a Court of Appeal case which saw the consumer who attempted to reject his vehicle lose out dramatically.
The consumer complained that his car, a new Audi TT 3.2 litre V6, veered to the left and as such wanted to return the car to the dealer and be refunded.
Whilst an expert witness gave evidence supporting the consumers claim, the Court ruled that the vehicle was "of satisfactory quality" because the sensitivity of the car to camber was in fact normal for that type of car - the reasonable person would not consider that this would make the vehicle unsatisfactory.
This provided a useful case precedent for motor dealers as it makes clear that vehicles may have "characteristics" such as sensitivity to the camber of the road without being "of unsatisfactory quality". It may also prove to be useful case law for retailers of other consumer products.
The legal expenditure of both parties was around £100,000 and the car cost £32,300 in July 2003. This led Lord Justice Ward to exclaim: "...one or other parties to the action, if not both of them..." were "...completely cuckoo..." to have pursued the litigation when little was at stake and that the lawyers should have taken "...the firmest grip..." from the outset.
This case shows the fundamental importance of getting expert guidance on the legal issues raised in a dispute and how to resolve it at the earliest opportunity.
Clarks legal provides a number of motor help lines which allows motor dealers to obtain advice on their position as soon as a customer issue arises, as a
result appropriate steps can be taken before proceedings are even considered by a customer. For more information please contact aquirk@clarkslegal.com