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Hi All
We purchased a second hand car from a trader through a classified ad:
The heading states "1 Months FREE warranty Full MOT" then further on in the listing it states Trade Sale no warranties. Then I look at the about us page it states Heading (WARRANTY) "We offer a warranty with ALL our cars they start from 30 days." Then Heading (Why Buy form US) "ALL our cars are sold with a warranty"
Then looking at the OFT's Guidelines for Second hand Car Dealers they State:-
13.1 A consumer’s legal rights under the
SoGA cannot be taken away or restricted,
and any attempt by you to do so by using
an exclusion clause or similar notice will
be void and therefore unenforceable
(you will not be able to rely on it in a
dispute with a consumer).
• Using words or statements in sales to
consumers such as ‘Sold as seen’,
‘Unroadworthy’, ‘Trade Sale Only’,
‘No Refund’, ‘Spare or Repair’ or
‘Sold as Scrap’, even if the statement
‘this does not affect your statutory rights’
is included.
• Including terms in a contract that require
the consumer to make declarations
about what had or had not been said
about a vehicle’s mileage and defects
and/or affirming that they had examined
the vehicle and had any faults pointed
out to them. Such terms could be used
to exclude liability arising under the
SoGA. If untrue, such ‘declarations’ are
ineffective and may mislead consumers
with legitimate grievances that they have
signed away their rights. Where they are
true, such declarations are unnecessary.
Any way 3 days after purchasing the car the cam chain slipped thus damaging the engine repair costs exceed the purchase price of the car. I have written to the seller on three occasions and he has failed to respond. I have also spoken to him and the attitude of this seller is "do what you have to but you ain't going to get anything out of me.
I have now started a claim against the seller and received his defence today in which he has stated the car has been extensively modified this was not specified in the classified ad and I was not informed of this at the time of sale.
I would appreciate some advice on this please.
Thank You in advance
We purchased a second hand car from a trader through a classified ad:
The heading states "1 Months FREE warranty Full MOT" then further on in the listing it states Trade Sale no warranties. Then I look at the about us page it states Heading (WARRANTY) "We offer a warranty with ALL our cars they start from 30 days." Then Heading (Why Buy form US) "ALL our cars are sold with a warranty"
Then looking at the OFT's Guidelines for Second hand Car Dealers they State:-
13.1 A consumer’s legal rights under the
SoGA cannot be taken away or restricted,
and any attempt by you to do so by using
an exclusion clause or similar notice will
be void and therefore unenforceable
(you will not be able to rely on it in a
dispute with a consumer).
• Using words or statements in sales to
consumers such as ‘Sold as seen’,
‘Unroadworthy’, ‘Trade Sale Only’,
‘No Refund’, ‘Spare or Repair’ or
‘Sold as Scrap’, even if the statement
‘this does not affect your statutory rights’
is included.
• Including terms in a contract that require
the consumer to make declarations
about what had or had not been said
about a vehicle’s mileage and defects
and/or affirming that they had examined
the vehicle and had any faults pointed
out to them. Such terms could be used
to exclude liability arising under the
SoGA. If untrue, such ‘declarations’ are
ineffective and may mislead consumers
with legitimate grievances that they have
signed away their rights. Where they are
true, such declarations are unnecessary.
Any way 3 days after purchasing the car the cam chain slipped thus damaging the engine repair costs exceed the purchase price of the car. I have written to the seller on three occasions and he has failed to respond. I have also spoken to him and the attitude of this seller is "do what you have to but you ain't going to get anything out of me.
I have now started a claim against the seller and received his defence today in which he has stated the car has been extensively modified this was not specified in the classified ad and I was not informed of this at the time of sale.
I would appreciate some advice on this please.
Thank You in advance
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