Is this dodgy?? VTd non-runner sold on…

[Bonewithadog]

We just bought a 2nd hand car from a small dealer. Got it home to realise it didn’t have the service book or manual (stupid I know to not have asked before we bought it, lesson learned). I found the previous owner (as listed in the logbook) we n Facebook and sent her a message to ask if she happened to have found it since the car went down fR to the dealer. She has now given me the history of the vehicle and seems she’s still paying for it. She bought it through Blue Motor Finance but it developed an intermittent fault that was too expensive for the owner to repair. She VTd her contract and the car was taken away as a non-runner to be sold at auction. It seems it was then bought by the dealer who knows nothing about the fault and the fact it was a non-runner.
My question is whether there is a legal requirement for the fact that it’s a been terminated as a non-runner to be stated at some point in the auction and whether I have any legal course to go back to the finance company to find out whether the vehicle had the fault fixed (seems highly unlikely).
I feel a bit sick at the whole thing as the finance company has sold the car, is still taking money from the previous owner (the debt isn’t linked to the car anymore though) and we don’t know if this fault is going to raise its head again.
Many thanks for any suggestions you have.

[atticus]

What was the intermittent fault? Have you had it checked?

I think going back to the transaction for the sale to the dealer who sold you the car will not be a fruitful way forward. You may have rights against the dealer if the vehicle is not of satisfactory quality.

[Bonewithadog]

Thanks for your reply. It was a gearbox problem that Citroen said required a full gear box replacement apparently. It was a problem mainly in cold weather. The dealer says he bought it as a runner at auction from the finance company.

[R0b]

Your contract is with the dealer directly and I can't see how or why you have any rights in relation to Citroen. If there is an issue with the car you can exercise your rights accordingly against the dealer and is down to the dealer would have to claim against Citroen although given the car was sold at auction, they are generally sold as seen.

If the car is currently running, I am not sure what breach of your rights the dealer has committed at this stage

[Bonewithadog]

The issue is with the finance company who were handed it back as a non-runner and sold it on as a runner. It probably happens all the time behind the scenes.

[atticus]

You have bought a car. The legal question is whether you have purchased a car that is of satisfactory quality now (or when bought).

[R0b]

The issue is with the finance company who were handed it back as a non-runner and sold it on as a runner. It probably happens all the time behind the scenes.

But you and the finance company have no contractual relationship. You say it was sold as a non-runner but from your posts, the car seems to be running so I don't see what the issue is. If the car is not working then within the first 30 days the onus is on you to prove it was not of satisfactory quality at the time you purchased/collected it.

The fact that it is second hand and the car isn't working, does not automatically mean that the car is not of satisfactory quality. If the car is 10 years old and racked up 100,000 miles on the clock then there might be a reasonable expectation that some of the parts of the car will have worn down over time if not replaced. The key question then will be whether the carried out a pre-assessment check of the car prior to hand over and confirm that it was in working order.

After the 30 day period but before the six month mark, it will be up to the dealer to prove it was in a reasonable condition at the time of sale and the dealer might rely on the above facts if they are relevant.

Alternatively, you may want to get an independent third party to check the car's gearbox and confirm the status but there is no guarantee you will get your money back unless you consider legal proceedings. I would point out however, if the car is running and there are not any odd noises or issues with the gearbox then it can be assumed for the time being the car is in satisfactory condition.