second hand car issue

[pauldaggers]

Hi there, thanks for reading. Ive had a few people give me various bits of advice already but not sure how accurate any of it is, so here I am.

6th May I saw a car l liked in my price range, me and a friend looked it over, took for a test drive, everything seemed ok although the trade seller advised there was an issue with the starter motor, it would need replacing in the near future and as such was prepared to give a discount for this. We negoatiated an even lower price and l bought the car. Seller advised there would be "no warranrty, implied or given"and wrote that on his reciept along with words "bought as seen". Some 5 days later the car started making an odd fluttering noise. I took it to a garage n they told me the gearbox bearings had gone (expensive job to fix) - l told the seller and he told me to bring the car in to have it looked at. I did,.left the car with him and he called a few hrs later to confirm gearbox did need fixing.
He is now being very awkward with me saying it was sold as seen, took for a test drive, was happy with the car and there is no recourse to him. I told him he sold me a faulty vehicle, not fit for purpose and he should be responsible for full cost of the repair and if not l was entitled to ask for a refund. He insists that neither is true and he doesnt HAVE to help.me at all. He has said he would call in a favour to get a recon box and have it fitted for me but id have to pay (around 400) but.im just so loathed to do so.
Can anyone please confirm where l do stand here and what action l should tae next, if any?

Thank you v.much

[ostell]

Re: second hand car issue

To put your mind at rest before others supply detailed reasoning then if the seller was trade then yes he is liable. "Sale of goods and services to consumers" regulations. May take a small claims court action to shift him though.

[CleverClogs]

Re: second hand car issue

6th May I saw a car l liked in my price range, me and a friend looked it over, took for a test drive, everything seemed ok although the trade seller advised there was an issue with the starter motor, it would need replacing in the near future and as such was prepared to give a discount for this. We negoatiated an even lower price and l bought the car. Seller advised there would be "no warranrty, implied or given"and wrote that on his reciept along with words "bought as seen".

That was a bit naughty, as not only is that utterly pointless, he may have committed an offence by doing that.

Some 5 days later the car started making an odd fluttering noise. I took it to a garage n they told me the gearbox bearings had gone (expensive job to fix) - l told the seller and he told me to bring the car in to have it looked at. I did,.left the car with him and he called a few hrs later to confirm gearbox did need fixing.
He is now being very awkward with me saying it was sold as seen, took for a test drive, was happy with the car and there is no recourse to him. I told him he sold me a faulty vehicle, not fit for purpose and he should be responsible for full cost of the repair and if not l was entitled to ask for a refund. He insists that neither is true and he doesnt HAVE to help.me at all.

Wrong.

He has said he would call in a favour to get a recon box and have it fitted for me but id have to pay (around 400) but.im just so loathed to do so.

So you should be, as you do not know what else might fail or fall off that clapped-out jalopy. For all you know, structural parts of the bodywork might have been patched with cardboard and filler.

Can anyone please confirm where l do stand here and what action l should tae next, if any?

Reject the alleged motor car, as it is obviously little more use than a chicken shed, and report that spiv dealer to your local Trading Standards wallahs at your local town hall.

You should get an HPI report on it, as that should also give details of its service history. On seeing that, you may wish to contact VOSA, especially if the vehicle is listed as having been written off or scrapped, or if anything seems amiss with the MoT certificate.

Tell the dealer that you require a refund.

How - other than nasally - did you pay for that heap of junk?

[pauldaggers]

Re: second hand car issue

Thank you very very much for your quick replies guys.

In half fairness, other than this gearbox issue (and the starter motor) the car is in fairly decent shape, or ar least appears to be. its a 2000 audi a3 & has done its fair share of miles. I have, l think pretty much all the service history n it again all appears to be in order.

Anyway, do l need to contact him next in writing? When l went to see him again yesterday (after he looked over the car, he was pretty adamant that there was no recourse to him. really made me feel vulnerable!

I paid 500 cash and 1100 on my debit card. the 'reciept' he wrote on blank paper states 1600 along with the othrr bits l spoke about above. Feel like such a plank!

[labman]

Re: second hand car issue

CC's advice is absolutely spot on as usual.

Reject the car in writing and leave it there. There's hundreds of good cars, don't let your heart rule your head! Reject it in writing with a copy to your local Trading Standards - when he reads the letter, he may refund you anyway rather than be dragged through Trading Standards.

Just to put your mind at ease, here's a link designed mostly for retailers, but incredibly informative, about when they must and must not refund and their responsibilities under the Sales of Goods Act:

http://sogahub.tradingstandards.gov.uk/

[pauldaggers]

Re: second hand car issue

Thank you Labman, I'll write and send a letter 1st thing tomorrow.
I was worrying that l cant 'reject' it and get my money back since its so soon after buying the car that the new logbook hasnt even arrived yet.

I mentioned trading standards to him yesterday and he was like "oh if u wanna go down that route eh" "I know my position here bla bla"
I know he's not going to roll over at 1st attempt so hopefully a letter mentioning a copy has been sent to T.S will do the trick

[pauldaggers]

Re: second hand car issue

One thing l didnt ask was that does it make any difference that the 'new' fault occurred 3 days after l bought it and "was not there at that time you bought it" to quote mr dealer....

[CleverClogs]

Re: second hand car issue

One thing l didnt ask was that does it make any difference that the 'new' fault occurred 3 days after l bought it and "was not there at that time you bought it" to quote mr dealer....

No - why should it?

Gearbox bearings do not fail overnight - he probably used more viscous oil or fine sawdust (!) to disguise the fault.

[CleverClogs]

Re: second hand car issue

"I know my position here bla bla"

Does he indeed?

If you report him to not just Trading Standards but also HMRC for suspected VAT fraud, they'll teach him a new position. msl:

[pauldaggers]

Re: second hand car issue

Ha ha your posts actually making me smile!
Im definitely going to write recorded delivery to him tomorrow. A shoddy outfit and I will certainly learn not to buy from businesses like this in the future.

So should my letter state in the most detailed of terms state everything that happened prior to the sale and since and then simply state l am rejecting the contract and wish to return the car for a full refund and end by saying a copy of the letter is also being sent to the redbridge forest trading standards? Nothing else to add to it is there?

[CleverClogs]

Re: second hand car issue

Ha ha your posts actually making me smile!

Oh dear.

They were supposed to make you snort coffee all over your keyboard. :rofl:

Im definitely going to write recorded delivery to him tomorrow. A shoddy outfit and I will certainly learn not to buy from businesses like this in the future.

Good.

So should my letter state in the most detailed of terms state everything that happened prior to the sale and since and then simply state l am rejecting the contract and wish to return the car for a full refund and end by saying a copy of the letter is also being sent to the redbridge forest trading standards? Nothing else to add to it is there?

You're not rejecting the contract - you are rejecting the vehicle sold under that contract as not being of satisfactory quality.

I doubt that I would go into much detail in the letter to the dealer. Short and sharp is best. Less is definitely more.

The details should go in the covering letter to Trading Standards.

[pauldaggers]

Re: second hand car issue

Ok great, thanks and noted.

Not sure if it makes any difference or affects the position whatsever but this company are a joint body shop / panel craft and sales place. As l said l paid 500 cash and 1100 debit card. the debit card transaction reciept has the name of the company and address at the top but the invoice/reciept was had written on blank paper, stated that I First Name Surname have sold car to ME for 1600. Bought as seen, no warranty implied or given. and then signed and dated. Does the blank paper make any odds and also should he have written on it how l paid and also should he have named the KNOWN fault ( starter motor) ?

[labman]

Re: second hand car issue

This is a template letter suggested by Which (http://www.which.co.uk/consumer-righ...from-a-dealer/)

[Your address]


[Manager/ Owner]



[Dealership address]



Dear Sir/ Madam,


Ref: [registration number of vehicle]
On [date] I purchased, and took delivery of, the above vehicle [make and model] from you. On [date] I discovered that it was not of satisfactory quality: [describe the problem].


Section 14 of the Sale of Goods Act 1979 requires dealers to supply goods of satisfactory quality. However, the vehicle is clearly unroadworthy. You are therefore in breach of contract.


I am legally entitled to reject the vehicle and to be reimbursed for its full purchase price of [£xx]. I look forward to receiving your cheque for this sum within 14 days. If you fail to reimburse me I shall have no alternative but to issue a claim against you in the county court for recovery of the money without further reference to you.


Yours sincerely,


[Your name and signature]

NB Do not threaten unless you are prepared to see it through!

[Inca]

Re: second hand car issue

Of course,,there is a possibility this thread is being watched by said car company :tinysmile_aha_t:

[labman]

Re: second hand car issue

Of course,,there is a possibility this thread is being watched by said car company :tinysmile_aha_t:

Let them watch - they are the ones in the wrong! :beagle: