car sold as seen??????????

[nannieali]

Hi everyone
my son bought a car saturday from a local car sales. He agreed with the salesman that if he paid an extra 55 they would give it a years mot (as it only had one until January)and if anything needed doing they would fix to enable it to pass. they agreed to book it in the following saturday. On the sunday he drove to london and on the way he had a temperature problem and had to keep stopping, it took him 8 hours to get to london from cornwall. we phoned the garage on the monday telling them of the problem. they said they would look at it when it was in for the mot. he came back down with car and left it with them on the saturday to fix. they said they would phone back on saturday to let him know the result of the mot. they did not!!!!! he tried and tried to get hold of them all afternoon but no relply. he managed tp get hold of the garage doing the mot but they said he had not been booked on for saturday or monday. we phoned on the monday as he had to go back to london on the train. we were told mots not done saturdays they are done during the week. again we mentioned about the temperature fault and said car had to be ready for thursday as son had to travel down again!! to get it. thursday came car mot been done but they said they couldnt find anything wrong with the temperature. we picked car up on thursday ready for son to drive up on saturday. he drove 20 miles to his girlfriends before leaving and the head gasket went. we rang garage they didnt want to know , implied it only cost 600 what did we expect. said it was sold as a trade sale, sold as seen. at no time was this mentioned to my son or husband when they looked and bought car. guy said bring it in and they will price it up????????
how do we stand. surely a car should last longer than 2 weeks? should he fix it? at no cost to us? please help
nannieali

[nannieali]

Re: car sold as seen??????????

hi can anyone help with the car seen as sold item above?????

[Guest]

Re: car sold as seen??????????

"Sold as seen" and "Trade Sale" are meaningless phrases and are also unlawful. The garage, by attempting to deceive you over this are committing a criminal offence.

Take a look here, post #2 Legal Beagles Consumer Forum

In short, reject the car and demand a full and immediate refund. You may also consider issuing a claim against them for any out of pocket expenses and distress that this may have caused.

If you would like help drafting your letter before action, please ask.

[nannieali]

Re: car sold as seen??????????

HELP!!!!! YES our son was told by trading standards today to draft a letter and send by registered post.
if you could help draft it that will be great luv.
because it is costing him so much money commuting everyday into london from just outside of high wycombe they will have to try get another car as soon as, and r looking for one up there. just moved , just got first descent job got a 5 month old and really cant afford anymore pennies. they have really hit bad times and this was the start of a new life together! seeing a grown man of 25 sob on his hands and knees on saturday was heart breaking. so we defo want the money back and as soon as, so all help appreciated. the bank of mum and dad is hurting too.
look forward to your reply and help

[nannieali]

Re: car sold as seen??????????

i will wait until i have heard from you and then send what u advise us.
many thanks await your reply. we will then go ashead as quickly as possible

[Guest]

Re: car sold as seen??????????

Look around the forum for examples of a letter rejecting goods. Inform the garage that you are formally rejecting the car under s.14.2 and 14.3 of the Sale of Goods Act 1979 and that you require a full and immediate refund. Inform them that you reserve the right to issue a claim against them, should they not agree to a full refund.

Draft your letter and post it here and we can advise further.

[nannieali]

Re: car sold as seen??????????

not use to your site my lv and i am finding it very difficult to find any ltters let alone the returning goods one lol. all help appreciated as half an hour later and im still looking,
sorry to be a pain

[pompeyfaith]

Re: car sold as seen??????????

NANNIEALI,

Plenty of templates you can adapt on this search, just remember to quote the sections of the SOGA that cetelco quoted above

http://www.google.co.uk/search?q=sal...ient=firefox-a

[nannieali]

Re: car sold as seen??????????

[FONT='Verdana','sans-serif'] [/FONT]
[FONT='Verdana','sans-serif']Dear Sir

Re: Vauxhall Corsa
Date of Purchase:

I write to in relation to the above vehicle and with which I have experienced a significant problem. I have been advised that the vehicle is defective.

TAKE NOTICE therefore that I hereby formally reject the vehicle under s.14(2) and s.14(3) of the Sale of Goods Act [/FONT][FONT='Verdana','sans-serif']1979[/FONT][FONT='Verdana','sans-serif']. Due to the faults with the vehicle you have failed to discharge your implied duty under s.14(2) of the above Act that the vehicle be of satisfactory quality and further under s.14(3) that the vehicle be reasonably fit for purpose.

You have until 30/11/2010 - to remit to me a full refund of the purchase price.

Should I not receive a full refund it is my intention to commence legal proceedings to recover the purchase price together with interest and costs without further notice.

If you are in any doubt as to what to do with this letter then I suggest that you place it before your solicitors without delay.

Yours faithfully [/FONT]
[FONT='Verdana','sans-serif'][/FONT]
[FONT='Verdana','sans-serif']i will of course put in car details and date[/FONT]
[FONT='Verdana','sans-serif']thanks[/FONT]
------------------------------- merged -------------------------------
is this ok guys
will put all car details in

[Guest]

Re: car sold as seen??????????

Yes, this is fine. Send it and then wait and see what happens. Remember, it is unlawful for them to attempt to deny your son his statutory rights. Keep all correspondence and file your claim at the expiry of the deadline in your letter. Should you require help with writing the particulars of claim, come back and ask.

[shell]

Re: car sold as seen??????????

Don't forget to send it signed for. Or if you are handing it in yourself, ask for written acknowledgement that they received the letter.

[nannieali]

Re: car sold as seen??????????

many thanks guys, how does son file his claim??????????????? will it cost money??? where does he have to do it???????????
he has sent letter recorded delivery

[pompeyfaith]

Re: car sold as seen??????????

For you information:

http://www.thisismoney.co.uk/bargain...3&in_page_id=5

http://www.adviceguide.org.uk/index/...all_claims.htm

http://www.which.co.uk/consumer-righ...-claims-court/

You should find every thing you need to know in the links above, but if you need anymore help post again.

[Guest]

Re: car sold as seen??????????

many thanks guys, how does son file his claim??????????????? will it cost money??? where does he have to do it???????????
he has sent letter recorded delivery

You are putting the cart before the horse. Your son may not need to file a claim. Wait and see what results from the letter and take this one step at a time.

[pompeyfaith]

Re: car sold as seen??????????

Indeed the next step is a letter before action (LBA)