Bought a faulty car.

[Dlkc111]

Hi

I bought a used car from a dealer on the 13th august 22, year of car 56, 67000 miles on the clock. The dealer knew we were buying the car for my husband to do driving lessons in and his driving test a few weeks later.

3 days later after buying the car I called the AA out as I could smell a burning smell. AA could not see anything wrong and said It was most likely the rain as we had heavy rain the day before.

9 days later the car started to over heat and completely broke down, lots of fluid was leaking from the car.

I called the dealer who was clearly unhappy about the situation and said bring the car back to them. I mentioned to them the car is not drivable and no way of me getting the car back to them as they are quite far away plus we need the car for the purpose we bought it for. We already paid for insurance and tax on the car ready for my husbands driving test. We desperately needed the car.

The dealer clearly stated they were not liable in getting the car recovered back to them and they are not liable for any repairs.

I explained under the consumer rights act they are liable.
They then suggested to pay half of the repairs at our local garage as the AA towed the car there but only under the condition I confirm in writing they are no longer liable for the car if anything else goes wrong.

Financially things are currently difficult for us, so the garage paying half of the repairs at the time is a big help plus we still have a car for my husbands driving test. The car was repaired but the next day broke down again. The garage said there was so much water damage from the leak it has caused further problems, which would only become apparent after they fixed the main problem. They said there is no point fixing the car any further as the car is completely rotten underneath and beyond further repair.

I have tried to call the dealers but they keep putting the phone down on me and ignoring my call.

I have emailed them and will be sending a letter recorded delivery.

my question is, if they do not respond do I have a case to take it to the small claims court? Do I still have a right for a refund even though they paid half of the repairs at a garage near to me?

Any advice would be really appreciated.

[echat11]

Hi DLKC111

How did you pay for it? Credit Card or Debit Card?

Make sure you get a report from the garage.

[Dlkc111]

Hi, thank you for your response.

I paid via bank transfer

[echat11]

Hi, thank you for your response.

I paid via bank transfer

O.K. you should of paid by Credit Card, it affords you protection under Section 75 if anything goes wrong with the purchase.

Did you do this 'but only under the condition I confirm in writing they are no longer liable for the car if anything else goes wrong'? I don't think it matters as they've 'misrepresented the condition of the car'.

des8 Can you please kindly take a look?

[Dlkc111]

Unfortunately the only way they were going to pay half is if I said I confirm they were no longer reliable. This was confirmed via text message. We are struggling financially and spent all my savings on the car (£700) plus half the repairs £146. The dealers paying half meant I could keep the car and continue to teach my husband for his test.

[echat11]

Unfortunately the only way they were going to pay half is if I said I confirm they were no longer reliable. This was confirmed via text message. We are struggling financially and spent all my savings on the car (£700) plus half the repairs £146. The dealers paying half meant I could keep the car and continue to teach my husband for his test.

I've asked Des8 to look in, so await his advice.

[Dlkc111]

Thank you so much

[des8]

not at home at the moment, so will respond tomorrow pm.

In meantime was the car advertised? if so can you obtain copy of advert and post it up?
Did dealer say anything about the vehicle when you were viewing it? if so what?
Please post up the exact wording of text message relieving dealer of liability

[Dlkc111]

Hello, yes the car was advertised on auto-trader.

I auto trader contacted them for a copy. As soon as I get it I will post it. The dealer said it’s a good car and drives fine with no problems. They knew we wanted for the test and driving lessons.

Message from seller. He mentioned sold as seen. Not sure what he means by that.

‘We are still on half if you send us confirmation of not liable to anything as it was sold as seen anyways and need invoice in our name than we can transfer money if not feel free to do whatever you like’.

My message.

‘I am collecting the car at 3pm, can you please transfer the money! This is your confirmation we are in agreement that you go half and if anything goes wrong with the car from now we take full responsibility. You will no longer hear from me’.

They would not pay half unless I said I confirm.

Someone said it seems by making me say I confirm, they have restricted my legal rights, is this true? Is there such a thing.

[Dlkc111]

Thank you for your help

[Dlkc111]

Sorry can I also add, initially the dealer refused to collect the car or cover the costs for delivery to them (over 1 hr away). They keep saying it was sold as seen and they are not liable for anything. However they said they will only go half of the cost of repair.

when buying the car they mentioned no faults and guaranteed it was a fully functional car. We signed a receipt/paperwork.

[des8]

Talk about dodgy dealers!

"sold as seen"...... no car sold by a trader, regardless of price, age and condition, can legally be sold as seen.
Any vehicle must (taking into account its age and price) be satisfactory, fit for purpose and as advertised.

I understand that you rejected the car.
Dealer refused to accept rejection
Can you confirm you arranged the repair (which incidentally failed!)
The dealer contributed half the cost.. was this paid to you or the repair garage?
You agreed, under pressure, that if there were future problems you would not hold him liable.

Whether or not he could rely on that would be problematic.
However, even with that agreement in place, he still sold you a vehicle which did not match his verbal description. viz " The dealer said it’s a good car and drives fine with no problems." and "they mentioned no faults and [verbally?] guaranteed it was a fully functional car"
The garage has said it is completely rotten underneath...(a good car???) Have you (or can you get) that in writing?
Interesting to see how the advert described the vehicle.

You would appear to have a winnable case if you were to initiate a court claim.
If finance is a problem you may qualify for fee remission (https://www.gov.uk/get-help-with-court-fees)
However a court claim will not produce a quick result. Possibly 6 months before it even reaches court at the moment.

Wait till you have the wording of that advert, and then we will know the best way of approaching this matter, but I doubt there will be a quick resolution

[Dlkc111]

auto trader gave me this

Model

Ka

Registration


Advert Price

750

First Registration Month

2007-02

Insurance Writeoff Category

-

Odometer Reading Miles

68,000

Seller Type

TRADE

Advertiser Name


Service History, One Year long Mot, 2 Keys, V5c Present, 3,6 & 12 Months Warranty Availabe (T & C Apply), Delievery Options Available, All Inspections welcome, Part Exchange Welcome Service history, 5 seats, Blue, £750

this is the advert I have deleted their address etc.

[des8]

For benefit of anyone following this thread, DLKC111 sent me this PM as she was unable to post here:


"Dealer paid into my bank account and yes it was repaired at the garage the car was towed too. They keep saying it was sold as seen and they not liable. They ignoring all our calls and email. I have written them a letter recorded delivery stating I reject the car. Can I take it to the small claims court before waiting 14 days for a response?

do you know why I cannot post anymore on the thread? It says check next page but there is no next page."


Did your letter of rejection warn the dealer that you would initiate a court claim if he did not reply?

The mileage on that car looks suspiciously low for a 15 year old vehicle.
have you checked previous MOT records to see if that mileage is correct? (https://www.gov.uk/check-mot-history)

Can you answer question: "The garage has said it is completely rotten underneath...(a good car???) Have you (or can you get) that in writing?"

[Dlkc111]

Hi

yes the garage have said they will put this in writing for me. When buying the car I done a HPI check and seemed the car was driven 2000 miles for the last few years.

I also went on companies house and found the road the car was last service in 2020 (service book) was down the same road the company used to be located however there is no connection in names, could just be coincidental.