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.
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I have recently purchased a V reg car from an indepemdant car sales dealer. It had barely been driven during the first week of ownership as I was awaiting insurance covernote in order to obtain tax.
Upon passing the car, my Dad noticed fresh oil on the drive. On looking, there was a massive amount of oil on the underneath of the car. Enough to indicate that this problem had originated prior to sale.
I took it to a local and trustworthy garage who reported the following;
Leaking front camshaft and crankshaft oil seal, possible sump gasket required and oil saturation of cambelt and ancillary belt.
They estimate approximately £400 pounds worth of repair costs.
Sadly, oils seals are not covered by the warranty that came with the purchase. I wish to keep the car but obvioulsy do not wish to pay for the substantial repair bills. My aim is for the seller to pay the garage local to me to fix as required but am concerned that he may try to pull the wool over my eyes.
I would be very grateful if someone could provide details of my rights in this situation and how best to achieve success. I have a receipt for the vehicle which was paid for by credit card so wondered if I have any protection that way. The receipt does NOT say "sold as seen" or anything like that.
KInd of guessing that there mechanics mights just want to do a quick and cheap fix if the standard of the sold car is anything to go by. Am I entitled to have another garage do the repair and invoice the seller?
I think you would have to go back to the seller first and give them the opportunity to right the wrongs.
They could later argue that they were not given the opportunity to do this and it IS their responsibility.
Worth a phone call to your local trading standards,but they will want to see that you have made attempts to resolve the issues with the seller.
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The Sale of Goods Act states that all goods purchased must be of satisfactory quality and fit for all normal purposes. This also applies to second hand goods, although normal wear and tear is not covered - so when buying a car, the age and mileage does need to be taken into account. However if this is the sort of fault that the car should not have been sold with, you will have rights to a repair. You will indeed need to give the seller a reasonable opportunity to repair the vehicle.
I have seen a case thrown out of court on this point, where the trader had not been given a chance to put the faults right, even though there were clear faults there.
If the garage drag their heels, ultimately only a court can decide whether the fault is normal wear and tear or something that you should be able to claim for, based on the evidence in front of the judge.
If they are refusing to repair, I would advise you to write to them detailing the faults and give them a reasonable date by which to organise a repair or you will be taking the car elsewhere to be fixed and pursuing them for the costs. You would then have to decide whether your case is strong enough to take to court, and I am not a mechanic so I can't really comment on this.
Please note I'm not insured in this capacity, so if you need to, do get official legal advice.
my son bought a car late last year from an independant car retailer in canterbury and within 12 hours a huge problem occured. he bought the car for £250 which is ludicrously cheap BUT the trader told him the car had had a new clutch, which the previous owner hadnt agreed to, and had refused to pay for it, so they were selling it for the amount the clutch had cost to do. with me so far?? the receipt said sold as seen which i now understand means nothing. however, when after 12 hours the whole gearing system failed, he took the car back and was told that because it was sold as seen and had no MOT, they could do him a huge favour and put in a reconditioned clutch (why? they said it was a new one) but it also needed a gear box now and it would all cost my son. he left the car with them. it had no mot but i suppose it should still operate as car. we wrote to the dealer and threatened various stuff but have had nothing back from the chap concerned. trading standards and someone else whose name escapes me, said because the only thing that failed was what they said was new, we should ask for and expect to get the money back, but we are scared of doing this. god knows why as i am sure we are in the right, not the dealer. god knows where the car is now, the dealer had back. i wrote to the previous owner on the registration document to ask about the clutch not being paid for by him, but didnt get a reply. advice please?????
Faulty vehicle from independant sales garage
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