dodgy second hand car

[juleswill1]

bought a car from a local garage it had been advertised on their website however when I asked if I could pay by credit card I was told no as it wasnt through the garage it was the owners own car the invoices etc give his private address but the v5 shows the previous registered owner as the garage and it was insured via the garage and advertised on the garage website. As it was an mgtf we specifically asked if the head gasket had been done as this is a known fault. I said I could just about manage to get the cash as full payment and checked that there were no problems explaining I had a commute to work from wigan to preston daily.I purchased the car on 2/5/2013 As soon as getting it home the alarm continually went off and I returned to the garage and was told it was the way I was turning the key and to keep practising. The immobiliser then kicked in and the car wouldnt start at all. I contacted them they came and took it and I asked for service history old mots etc but got none with him saying I'm sure we have some at home but weve just moved so can't find anything. The whole key sytem needed replacing and I picked it back up on 7/5/2013.On the 8th I managed to drive to warrington but on the way back the battery light went on and the car was dead again I contacted them again and it was the alternator which they repaired.9/5/2013 I picked the car up again and managed to get to work for 5 days. On the 19th I went up to windermere as I was running the marathon and on the way back the car broke down on the reebok roundabout as the slip road exits the m61. A pipe had burst off the radiator so there was some pressure built up in the system to cause that initially the recovery man said it was the head gasket. The pipe was resited and the next day I travelled to work breaking down on my way to work on the m61 and again was brought back by the recovery people who said it was the head gasket. A friend looked at it and said they thought it was an airlock which can happen when air gets in the system and bled the system. The next day 22/5/2013 got to work but on the return journey the heating indicator was going up again so I pulled over and was again brought back off the m61 at midnight following my late shift at work having spent an hour and a half on the hard shoulder. The system was bled again on 23/5/2013but before using it again I asked the local garage to have a quick look over before using it and they said there is something seriously wrong with the cylinder head. I text the man to tell him and he rang and my partner answered the phone and said to him to take the car back and give me my money back and he said thats not going to happen. He then said he would have a look at it so it went back to the garage they still said it was an air lock and would try to sort it. As itwas bank holiday I left it with them on the 29 I was told it was the head gasket 600 plus vat and he would take it to be done and would pay half to which i agreed(despite the head gasket supposedly having been done we suspect it hadnt as there was radweld in the water system).What are my rights as this car was obviously not fit for purpose?Julie WilliamsonToday 4/6/2013 I still have no car and apparently it needs a new cylinder head for £260 do I have any rights

[Sapphire]

Re: dodgy second hand car

Hi and welcome, firstly I am dividing this into paragraphs to make it easier to read.

bought a car from a local garage it had been advertised on their website however when I asked if I could pay by credit card I was told no as it wasnt through the garage it was the owners own car the invoices etc give his private address but the v5 shows the previous registered owner as the garage and it was insured via the garage and advertised on the garage website.
As it was an mgtf we specifically asked if the head gasket had been done as this is a known fault. I said I could just about manage to get the cash as full payment and checked that there were no problems explaining I had a commute to work from wigan to preston daily.
I purchased the car on 2/5/2013 As soon as getting it home the alarm continually went off and I returned to the garage and was told it was the way I was turning the key and to keep practising.
The immobiliser then kicked in and the car wouldnt start at all.
I contacted them they came and took it and I asked for service history old mots etc but got none with him saying I'm sure we have some at home but weve just moved so can't find anything.
The whole key sytem needed replacing and I picked it back up on 7/5/2013.On the 8th I managed to drive to warrington but on the way back the battery light went on and the car was dead again I contacted them again and it was the alternator which they repaired.
9/5/2013 I picked the car up again and managed to get to work for 5 days. On the 19th I went up to windermere as I was running the marathon and on the way back the car broke down on the reebok roundabout as the slip road exits the m61. A pipe had burst off the radiator so there was some pressure built up in the system to cause that initially the recovery man said it was the head gasket. The pipe was resited and the next day I travelled to work breaking down on my way to work on the m61 and again was brought back by the recovery people who said it was the head gasket.
A friend looked at it and said they thought it was an airlock which can happen when air gets in the system and bled the system.
The next day 22/5/2013 got to work but on the return journey the heating indicator was going up again so I pulled over and was again brought back off the m61 at midnight following my late shift at work having spent an hour and a half on the hard shoulder.
The system was bled again on 23/5/2013 but before using it again I asked the local garage to have a quick look over before using it and they said there is something seriously wrong with the cylinder head.
I text the man to tell him and he rang and my partner answered the phone and said to him to take the car back and give me my money back and he said thats not going to happen.
He then said he would have a look at it so it went back to the garage they still said it was an air lock and would try to sort it.
As itwas bank holiday I left it with them on the 29 I was told it was the head gasket 600 plus vat and he would take it to be done and would pay half to which i agreed(despite the head gasket supposedly having been done we suspect it hadnt as there was radweld in the water system).
What are my rights as this car was obviously not fit for purpose?
Today 4/6/2013 I still have no car and apparently it needs a new cylinder head for £260 do I have any rights

Ok so how did you pay for the car, was it cash or on a card ?

[juleswill1]

Re: dodgy second hand car

Unfortunately cash I could kick myself now but it was still sold not fit for purpose but not sure if I have any rights.

[Sapphire]

Re: dodgy second hand car

Ahhhh to be honest I was hoping you'd have said card, I'm not sure where you stand re it being cash, but if you hang on, some of the others will log in during the day and will be able to assist more. We've had a small glitch in the system so some people are having trouble logging in at the moment, but I'm sure it will be ok later.
If you feel you're thread is being lost or dropping to the bottom, just type 'bump' in the box to bring it to the top and to our attention.

[CleverClogs]

Re: dodgy second hand car

The garage proprietor doubtless thought he was being very clever by taking over what was probably a banger (literally!) to sell privately, for cash. I believe he expected it to fail and, by trying to make it a private sale, he hoped to deny the purchaser their rights under the Sale of Goods Act.

Tell Trading Standards about him.

And also visit HMRC VAT Fraud (link) or 'phone 0800 595 000 to report him anonymously - I'd be astounded if his garage had declared the full sale price for VAT.

[juleswill1]

Re: dodgy second hand car

He now says the unrepairable head gasket that needed a new cylinder head has been repaired and am I going to pay the half that I agreed or he'll seek legal advice and because I'd let him know I'd found somebody online who he had tried to sell a car to without service history old mots etc as it was his bosses car and had all been lost in a house move and this person checked the hpi and found the mileage had been clocked hes going to sue for slander as well surely its not slander if its fact? I've checked my cars mots online and it doesnt look like this has been done to this car. How can an unrepairable head gasket that needed a new cylinder head be repaired I can't decide if he had just tried to get more money from me or if hes just trying to give it back to me with a dodgy repair what shall I do as I did agree to the initial pay half for repairs it was when he added the extra 260 for new cylinder head that I said no to

[CleverClogs]

Re: dodgy second hand car

He now says the unrepairable head gasket that needed a new cylinder head has been repaired and am I going to pay the half that I agreed or he'll seek legal advice

Good - he certainly needs cogent legal advice, as the polite description for him is "constipated". :grin:

and because I'd let him know I'd found somebody online who he had tried to sell a car to without service history old mots etc as it was his bosses car and had all been lost in a house move and this person checked the hpi and found the mileage had been clocked

Tell Trading Standards and watchdog@bbc.co.uk

hes going to sue for slander as well

No, he isn't - he cannot afford the costs.

Unless he can find a lawyer and a barrister who'll work pro bono - and I rather doubt he will - he'd have to fork out (at least) the better part of a million quid to get the case to court.

That's what I meant about him being "constipated" - he's full of his own ordure.

I did agree to the initial pay half for repairs it was when he added the extra 260 for new cylinder head that I said no to

It was unwise to have assented to pay half, but carrying out repairs - however ineptly - to which the customer had not agreed indicates that the seller had accepted your repudiation of the contract.

Did you say you'd pay half before or after the work was allegedly done - and why?

[juleswill1]

Re: dodgy second hand car

I said it before but when he said it would be £260 more for the cylinder head as it was too damaged to repair I said no I wasnt paying anymore money to him thats whyim so surprised he says its now been repaired it either wasnt as bad as he said and he was just trying to get more money from me or it hasnt really been fixed and he wants me to take it back in the same condition I agreed to it because at that time I thought he was being decent by offering to pay half in my naivety