Car bought on wednesday...died on Monday!!! **REFUNDED TODAY!**

[Mrs Charlton]

Hello folks,

Its been a while since I've been on here, and I was hoping (somewhat naively) that I would never have reason to come back...silly me

We bought a car on Wednesday 6th February from a local garage, it was an emergency purchase as hubbys car had been written off the day before in an accident. It was £500, an N reg Daewoo Nexia with 80k on the clock. We were told it was a good runner and there was nothing wrong with it, that the gentleman whose car it was had bought it new from them 9years ago and had bought it back to part-ex for a newer car.
They checked the oil and water for us, and off we went on our way.

Monday 11th Feb we drive over to my Dads 11 miles away, at the end of our journey steam and smoke start coming from underneath the bonnet and the water indicator was right over the limit.

We let it cool down and checked the water level which was fine, checked the oil which was fine. Rang the RAC (thank god I joined on a whim a few months ago!!!) they came out and told us it was our Thermostat housing which was rotted through. It wasn't a fix-at-the-side-of-the-road job it would have to be towed to a garage, so they got a recovery truck out for myself, hubby, our 3yr old and 1yr old.

Garage have had it all week (very busy bless them) and have fixed the Thermostat Housing, however, they are saying that they suspect the Head Gasket or a Piston is about to go, and it has numerous water and oil leaks and the Compression is not right. In their words 'it ain't got long left at all'.

Needless to say I am FUMING. Receipt from place we bought the car from has a stamp on saying 'Trade Sale Sold as Seen. For Spares or Repair. No Warranty is Given or Implied'.

I know a car that cost £500 isn't meant to last forever, but not even a WEEK? From a garage? Especially when it has been bought in to P/Ex for something? Surely they have to check them over?

I'm about to write my letter and was just wondering if anyone had any pearls of wisdom or suggestions? I bought an L-Reg Renault 5 last June for £350 and thats still going strong! Sods law eh?

Help!

[Bookworm]

Right.

"sold as seen" means nothing, you are still entitled to have something which is fit for purpose. And "no warranty" it may be, but that doesn't take away your statutory rights.

However, the problem is the receipt says "for spares or repairs" which would seem to imply that you knew you were not getting a car that was roadworthy, so you may have a problem there.

If it comes to the crunch, you would have to convince the judge that what you thought you were getting was a runaround car, not a car for spares, but I suspect that a judge would see right through this, especially as the receipt has the "sold as seen" on it, which as I said, is a clear indication they are trying to reduce your rights.

Before it gets to that, read this:
Trading Standards Central - Trading Standards and Consumer Protection information for the UK

Then write your letter, stating quite clearly that you reject it under the Sales of Goods Act and that you want your money back and that you will be reporting them to Consumer Direct.

I'm not sure where you stand with the repairs you have already done, but you should get your garage not to do anything else on the car in case it gets used to show that you accepted the car.

Let us know how you get on.

[Mrs Charlton]

Thanks so much treacle! I have missed your sage advice and as always you're first in there helping x x

[revolting peasant]

The term "Trade only - for spares or repair" implies that the vehicle is unroadworthy. If it would pass an MOT any sensible garage would MOT it and sell it for a much higher price.

Bottom line is, the garage sold you a "scrapper" and they told you they were doing so. Within the terms of the Sale of Goods Act the car was fit for purpose - spares or repair. Nobody said you could drive it!

[Bookworm]

Sorry, RP, but:

We were told it was a good runner and there was nothing wrong with it

So, the receipt might say something else, but the seller still sold the car as a car which could be driven, so at the very least, there would be grounds to argue there. The fact that the receipt aims to deprive the OP of their statutory rights would go a fair way towards showing that the seller may not be totally honest...

[Mrs Charlton]

Originally Posted by revolting peasant

The term "Trade only - for spares or repair" implies that the vehicle is unroadworthy. If it would pass an MOT any sensible garage would MOT it and sell it for a much higher price.

Bottom line is, the garage sold you a "scrapper" and they told you they were doing so. Within the terms of the Sale of Goods Act the car was fit for purpose - spares or repair. Nobody said you could drive it!

But they didn't tell me I was buying a scrapper at all, hence my frustration. In fact, they made out that I was getting the bargain of the century because the car was soooooo great- and his excat words were- 'its a great runner'- errrr does that imply to you its been sold for scrap? It was only after we had keys in hand and had handed over money that we received receipt that stated 'For Spares or Repair'. Why would I spend £510 on a car that is essentially junk metal? Anyway, letter has been written and sent, Chairman is the only one authorised to deal with a trade sale dispute apparently, and he is back tuesday.

[Mrs Charlton]

Oh, and its MOT is valid until July too, its not as if we went driving around in something that didn't have an MOT certificate. We've been told this morning that the Head Gasket has definitely gone, and the battery isn't holding charge any more either...so much so it was charged a full 24 hours and won't even tick over.Roll on Tuesday

[gwc1000]

Some years ago a car dealer colleague of mine sold a car under the same circumstances, i.e. "spares or repair" and put "sold as seen, no guarantee offered or implied" on the invoice. The vehicle broke down, he refused a refund, and the purchaser took him to County Court for a refund. In Court the Judge brought up the subject of "spares or repair" and asked my friend how much he sold the car for. He said £850. The Judge then asked what would be the average value of a similar vehicle that is deemed as scrap and at the end of it's life. He said £50-£100. The Judge then asked him how he could justify charging £850 for a vehicle that he himself declared was for spares and not for driving and valued as a car not for driving by himself for £50-£100. The Judge immediately found in favour of the customer.

[Bookworm]

My point precisely.

[Mrs Charlton]

Just got back from the garage and collecting my FULL refund They didn't even dispute it and I was all geared up for a showdown LOLThanks so much (yet again!) for your help xxxxx

[wino]

Thats good news. Well done

[gwc1000]

I am pleased for you. It does prove that not all of us car dealers are rogues as it is often potrayed.

[Bookworm]

Well done, you!