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This week's answers have been supplied by a team of lawyers from Backhouse Jones of Clitheroe, Lancs Only for show
Page 38
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I own a 1987 ERF tractor which I am renovating for national shows. It won't be a working truck It is fitted with a tachograph and a speed limiter but what are my legal obligations regarding maintenance requirements in terms of record keeping and inspections? David Wilson Rossendale, Lancashire
How low can you go?
When buying a vehicle recently I requested a low wheelbase and purchased an Iveco 3.5-tonner. Unladen it stands 7.5 inches from the road and sinks a couple of inches when laden.
However, it so happens that the tank is fitted too low and on one occasion, was ripped out entirely.
The dealer has replaced the tank but the problem still persists. Trading Standards has recommended returning the vehicle under the Sale of Goods Act.
What are my rights?
Peter Taylor Fenland Removals, Cambridgeshire.
Am I insured and do I have to pay?
I made telephone inquiries with an insurer fora policy to include ADR. This particular company could not offer ADR so I went elsewhere.
However, the first company is now insisting that I did purchase a policy and is pressing me for payment, to the extent of threatening to send in a debt recovery firm.
What should I do to get them off my back? Name and address supplied Brighton, East Sussex As long as you will be driving the vehicle for private purposes and not carrying a load there are no formal requirements for maintenance, though you will still have to have an annual MoT and maintain the speed limiter to the correct settings.
However, it is in your own interests to continue to carry out regular preventive maintenance inspections and keep proper records. We would advise that you still perform full inspections including brakes, headlamp aim and exhaust emissions tests.
As it is a show vehicle and will he travelling relatively short distances you might be able lo extend the period between inspections compared with a working vehicle.
If you are involved in an accident or stopped by the police, regular inspections and correct records could help you to avoid being convicted of offences or having points endorsed on your driving licence. You say you bought the vehicle "recently". How "recently" you bought the vehicle will be important if you wish to reject the vehicle.
Section 15A of the Sale of Goods Act 1979 may allow you to repudiate the contract. In business dealings the breach has to be "sufficiently serious to entitle rejection-. Clearly the tank should not make contact with the floor. You need to demonstrate that the vehicle is not of satisfactory quality nor fit for its purpose.
On balance the defect does appear to go to the crux of the contract and rejection of the goods should seriously be considered, enabling you to get your money back.
Firstly, check the contract of sale to establish if the Sale of Goods Act has been excluded. If it has you should seek legal advice to establish if the exclusion clauses are valid underthe Unfair Contract Terms Act 1977.
Did you buy the vehicle as a consumer or through a limited company?
If you did not buy the vehicle through a business entity the seller cannot exclude liability and, providing you are not deemed to have "accepted" the vehicle, you may be able to return it under the Sale of Goods Act.
Further information will determine it there are solid grounds for rejection and it would be sensible to obtain advice from your solicitor.
It you did not enter into any agreement with the insurance company you are not liable to pay any fees. You must be very clear as to what was said and done when you spoke to them on the telephone and you should check any correspondence that was subsequently sent to you following the conversation.
If it is clear that no policy was agreed you should write to the insurance company stating that you do not have any agreement with them and you do not owe any money. You should tell them that if they persist in chasing you for payment you will report them to the financial ombudsman.
If the insurance company ignores your complaint or does not resolve the problem to your liking you can then complain to the ombudsman. The financial ombudsman regulates insurance companies but he can only deal with problems if you have first tried to resolve the problem with the insurance company and this has been unsuccessful.
The ombudsman can be contacted on 0845 080 1800.