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 brought a secondhad car from a dealer who is a friend of a friend. I brough the car from him after 'uming and aring' - but settled on it because I thought if things go wrong I had some comeback as opposed to a private sale. The car is 14 years old and had high milage and I paid £2200.
The engine has failed after only 500 miles and needs an £800 repair. I rang the dealer who basically said as the car was a 'trade' sale I had no comeback. I had no idea it was a 'trade' sale- I knew I was getting a few £100 off the price but I brought it from a dealer specifically as I understood there was some level of protection under SOG act. Interestingly it had a fault with the airbag system when I got it which was not highlighted to me, I informed the dealer but let it go as it did not effect the running of the car. This would have been highlighted on the MOT certificate 'advisory' sheet but I did not get that at the sale as it was undergoing a reg transfer.
It is very awkward as he feels he is in the right- and I feel I have a case for the cost of repair or money back. I have spoken to a few garages about the repair who say I should go for money back if I can, as it will most likely fail again soon.
Where on earth do I stand with this? As far as I was concerned I was buying it from a dealer- it was advertised on his site etc. But because a few £ were knocked off he seems to think it was a 'trade' sale and therefore has no SoG protection. If I am in the right to get money back- how do I do it?
As far as I know whatever he want to call the sale ,it does not take away from your rights !
I think there are some subjects on here about 'trade sale' already ,maybe doing a search may turn up something ?
Check your invoice - does it say anywhere on it 'trade sale'?
If you are a private individual and have purchased as such, I don't know what standing this would have legally...come to think of it, I'm not sure what standing it has even if you were a trader.
Traders use this term as a get-out, or another way of saying 'sold as seen' (which is illegal!).
The Sale and Supply of Goods to Consumers Regulations 2002 gives buyers of relatively new used cars who pay a full retail price a virtual guarantee of 6 months from the date of sale by assuming that any fault that occurs with the vehicle within 6 months was already developing at the date of purchase. You have occasionally mentioned dealers attempting to get around these regulations by calling a sale that obviously is not, a "trade sale". A "trade sale" implies that the customer is a trader with some knowledge of the car trade who is buying the car to re-sell. In reality this phrase is meaningless. It is not possible for two contracting parties to agree to avoid the effects of the consumer protection legislation (even if they wanted to). Obviously, if the car is sold to an ordinary private individual at a retail price, then its status as a "trade sale" for legal purposes needs to be challenged and precedents set in the courts to guide judgements in other such cases. Where a carbuyer has paid a retail price for a relatively new car for over £5,000 that suffered severe problems within 6 months and the dealer tries to wriggle out of his responsibility by calling it a "trade sale", then lawanswers.co.uk is prepared to take on the case in order to set a case precedent. Any reader in this situation should contact Conrad Murray at the Roadside Lawyer website: www.roadsidelawyer.co.uk; email: conrad.murray@lawanswers. co.uk; Roadside Lawyer, Shatwell House, Yarlington, Wincanton, BA9 8DL, tel: 0800 037 1066
You have the full weight of the law behind you herman, issue a letter before action and be prepared to go to court.
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Nightmare 2nd hand car situation!
act. Interestingly it had a fault with the airbag system when I got it which was not highlighted to me, I informed the dealer but let it go as it did not effect the running of the car. This would have been highlighted on the MOT certificate 'advisory' sheet but I did not get that at the sale as it was undergoing a reg transfer.
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