HELP! Bought a dodgy car.. do i have come back?

[Amy1979]

Hi there,

In February of this year (07) I bought a Ford Galaxy through a so called friend of mine who owns a garage. He found this car for me after i asked him to keep his eyes peeled for an MPV. This came up very quickly and with the fact I sold my old car previously to fund this I had to move quickly... Big mistake. I paid £4000 (my entire savings) on this vehicle. Trusting my friend. Within 30 minutes of bringing it home it developed a squeaking noise from the engine, i called my friend, he told me it would go as had been sat for a while. It didn't, i took it back and he said it was the fan belt, he replaced it (i paid), the noise never went. I took it back again, he said they were self tensioning rollers it would go unless i wanted to pay for Ford to replace these at extra cost to me. I didnt as he said it wasnt unsafe, just annoying. The noise persisted, 3 months later we had problems starting it, it made a heck of a noise. he told me it was the starter motor, I had this done (i paid), the problem was still there, i was told it may need time to wear in. Problems got worse and 4 weeks ago the car would not even start, made a squealing pig noise (sorry trying to describe), my other friend who is a mechanic came to look, by this time id had enough of the other friend... he said the fly wheel was knackered, ripped off the teeth to the starter motor. Had to wait as he was going on hols but this weekend when he returned, he stripped it down, the flywheel is is poor state, wrecked the started and he also found the gear box in pieces and fallen apart. All the noises could have been the original problem. It is going to cost more than the car is worth to fix and im devestated .. i hve no money to repair or buy another vehicle... do i have any comeback on this person who sold me the vehicle? Please help me. x

[118:8]

How was payment made? Credit card? Debit? Cheque? Cash? Any finance?
What age is the car?
Approx how many miles on the clock?
Any service history?

[Amy1979]

Hiya,

Paid Cash... had someone with me who could confirm. The car is a V reg which is 2000. Mileage 48K.. No service history.

Thanks for your reply.
A

[118:8]

Your legal rights are given to you under the ‘Sale of Goods Act 1979 (as amended)’. The law says your car has to be of satisfactory quality (bearing in mind age and mileage), free from defects, safe, and durable.

The garage had two attempts at repair and even tried to pass you to Ford.
The law says your contract is with the garage and nothing to do with Ford.
Your legal rights against the garage last for 6 years after date of purchase in England.
If the repair fails they should either replace the car, or refund you.

Have you been in touch with any advice organisation?

[Amy1979]

Although the person who sold me the car runs a garage, he didnt sell it to me through the garage if you know what i mean, he bought it from someone and sold it on to me. I have no paperwork or receipt from him just the car and log book etc.

No I haven't been in touch with any advice organisation, do you mean like CAB?

Thanks for your advice and help.

[118:8]

If this is a private sale then it’s covered by the Sale of Goods Act 1979 (as amended) but you have only got two rights! You would only have rights against him if the car was not his to sell in the first place, or if the car was not as described (verbally or written).

Have you got any idea if he sources cars for people on a regular basis outside his business?

[Amy1979]

There was never anything in writing, all done by phone and when we went to visit the vehicle we test drove and collected the following week. I have previously bought a car from him and yes he does source cars for other people. My mother has recently (5weeks ago) bought a car which he found for her and sold (obviously making a profit), all these deals are done by cash and no receipt given therefore there would be no records of these sales.

Thank you for all your help, I have contacted him and advised of problems but he is not taking responsibility for anything. Said he would go back to who orginially owned the car but said not to hold my breath!

[118:8]

OK if nothing is given or done in writing it’s still legally binding. A receipt is not necessary and just one form of proof of purchase, witnesses are another form of proof of purchase.

If he sells several cars a year where he sources the car himself and sells outside his own garage that might be a criminal offence. Sourcing the vehicles through his business and selling privately reduces your legal rights.

People who do this are prosecuted by Trading Standards every year.

This would definitely be a case for you local Trading Standards, they are based in your local council.

[Amy1979]

He does sell several cars but does not source these through his business, he does this to make extra money on the side. Once he has been paid for a vehicle, he will take his cut and forward on the remainder to the previous owner.

If I were to speak to him as basically i want the car repaired or to be compensated, how would i go about wording it correctly to cover myself and also let him know im seeking advice?

thanks again for all of this, you are very helpful.

[fuzzywuzzy]

IM so sorry for your situation, it is hurtfull and inconvienient when a friend does behave in this way.

It does Sound like he has no intention on treating you fairly, hopefully someone will give you a good script with your rights to quote, don't be surprised if you get a negative reply from him he certainly hasn't helped you to date.

You could ring Consumer Direct, that is what they are there for to direct you in the use of your rights.

If you do have further problems ring the Tax Man, and in the possiblitie you have any number plates of the cars hes sold on, then even better offer them to the Tax Man, the Tax man is not a very very very nice man

[118:8]

Problem here is if he says he is selling private or acting as an agent for another private seller you have only two rights: That the car is ‘as described’ and the ‘sellers to sell’. So if the car is faulty and unless he said it was in perfect working order then you would have no rights against him.

But if he is selling ‘several’ cars to make extra money on the side this sounds like a business. Your average consumer would not sell more than 2-3 cars a year as a private sale?

You could try telling him that selling several cars is a business and cars sold by a business and paid for by cash come under the Sale of Goods Act 1979 (as amended) which says the car must be of satisfactory quality, durable, safe etc.

You could try a recorded delivery letter first asking him for a response within say 7 days, if that fails you could try calling Trading Standards and of course the taxman as fuzzywuzzy says and that might really sting this business.

Maybe find out if the garage is part of a trade association and tell them.