Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I purchased a used car (T reg Rover 200) last Tuesday from a car trader on 'trade terms only'. Today the car would not start! It has lasted a week and a half - obviously they knew there was a problem when they sold it to me. They told me it was a good runner and there were no problems and it came with a new MOT. What rights do I have and what should I do next?
That's what it said on advert 'trade terms only'. The car dealer specialises in more expensive cars and said it was a px and they wanted a quick sell.
Used my debit card to pay, was £1200.
Is a T reg 98 and 74000 mileage.
Well assuming you are a consumer and they could not reasonably thought you were buying as a trader, they cannot exclude your statutory rights even if you agree and their attempt to is probably a crime.
Did you buy the car for private (consumer) or business use?
By saying 'trade terms only' what trade terms?
Did they give you any trade terms?
Do they mean with no warranty or something?
Just wondering if the trader is trying to restrict their liability and attempt to take away your rights.
Trade terms or not if they told you that it was a 'good runner' that's an 'express term' and legally binding part of your contract. Only problem things said by word of mouth are hard to prove.
Any way you can get them to clarify this 'trade terms' and what it means?
Being told that it was sold on 'trade terms only' does not affect the implied rights given to you under the Sale of Goods Act 1979 (as amended).
This act says that your car must be of satisfactory quality, durable, safe etc. You would expect a car costing £1200 with 74000 miles on the clock to last a bit longer than a week and a half.
Any idea why it wont start?
If the fault is wear and tear like the timing belt (has it been changed? Have you got a service history?) then you wont have any rights against the garage. But if it's a manufacturing fault and it's reasonable to expect that make and model of car to be more durable then you will have rights against the garage.