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Everything posted by oddjobbob

  1. OP you need to live in the real world. after 18 months use there are no circumstances under which you can attribute any problem to the seller. You'd have great difficulty getting anything after 18 months even if you had bought it from a main dealer, let alone a private seller, where the presumption is 'buyer beware' And how on earth can you sue for depreciation? depeciation is part of car owenrship!! Are you on medication by any chance?
  2. I'm sorry I can't for the life of me see how this can possibly be anything whatsoever to do with the seller after 18 months use and ownership by the OP?
  3. ''I am given a deposit of £300 to keep it and to make sure that he is doing all the necessary adjustments/ improvements (new tyres, etc.) in order to pick it up in 2 days after he called a finance Company giving away all my details in order to give me a loan. '' Looks to me like you bought it OP and then had buyers remorse. In the meantime the dealer took it off sale and possibly refused other enquiries on it. So I am unsurprised he is not happy. Suppose you DID want the car and the dealer said 'sorry mate, someone else bought it the next day, here's your deposit back' - you would be livid, and rightly so.
  4. Where have Helios' an my posts gone? FWIW I AGREE that the op should get his money back - ridiculous, they can't just keep his money. And I'm not suggesting any fraud either - but the OP SHOULD have declared his Cat D at the time. These motoring boards are getting quieter, which is unsurprising if you're going to censor them to show only your POV.
  5. Hi Helios the OP should have declared that his car was a Cat D....without question. the dealer eventually did the right thing by hpi checking it and backed off (i would have backed off too) the dealer ought to have held the original deal open but taken the px element out of it. But they cannot 'fine' the OP for trying to defraud them. Only a court can fine you for doing something wrong.
  6. Yes I understand now...it's ridiculous, get MCOL claim going and best of luck.
  7. Ahhh...i have misunderstood. If the car is no longer available after you left a deposit on it then that's not right and they should give the deposit back without question. go for it I'm certain you'll win.
  8. But surely the contract has not been cancelled? The car you wanted to buy is still available at the price you wanted to pay for it- £11500? They are only saying come and pick your car up. All that's changed is the part exchange....which is NOT as you made it out to be, ie Cat D write off. Quite right they don't want to take it in px. The fact that you sold the Cat D car for £500 less than the px price shows they were correct to not give you the agreed amount for it. Did the Cat D occur during your ownership? If so you should have told them. I agree they are in the trade and should have checked on the day, but they took your word for it that it was ok...and it is likely their policy to only hpi pxs at a later stage As for still advertising the car you bought, this is common practice. It's done to attract sales calls, and anyone that phoned up for it would have been told 'we've just taken a deposit on it, sorry...however we've got this one which is 6 months older, blah blah'
  9. I vaguely recall it...but I think the ad did not state s/r, the dealer put it on the invoice at the point of sale. que sera and all that....
  10. Who knows? You might be right, for the op's sake let's hope you are. Why on earth any reputable dealer would want to be involved in acar like this I've no idea. But I can foresee a battle....the ad could not be clearer that it's spares or repairs and there's nothing wrong with offering acar of this nature to the public. Also as stated the ad did not contain any 'puff' merely a statement of facts about the car. we shall see!
  11. To be quite honest IF they actually have now fixed it then I'd give them this one chance and see how it goes, but reserve your right to reject if it happens again.
  12. I know....thy should never use that phrase! 'Sold as seen' carries no weight whatsoever from a car dealer. Illegal was perhaps too strong...just meaningless. However, 'spares or repairs' is perfectly ok. Presumably 'sold as seen 'implies that it might well be a good car, have a look, make your own mind up, whereas 'spares or repairs' implies it is definitely not a good car. The ad said: year make mileage mot spares or repairs The ad did NOT say drives well excellent condition starts first time excellent bodywork reliable etc. Indeed, the condition of the car is not implied in any way. The OP bought what was advertised I'm afraid
  13. You are spouting nonsense, I've no idea what you mean about writing in the first person. Let's be clear. The OP bought exactly what the advert said it was - a car suitable for spares or repairs. As a dealer you cannot sell a car 'sold as seen', it is illegal to do so. Consumer legislation exists, quite rightly, to protect the consumer: but you cannot protect a consumer against themselves, the OP bought the car thinking it would be ok, but it wasn't, and was expressly described as being for spares or repairs. As for your comment that we no longer live in those times, the very fact that the op has come here demonstrates that we do. Why on earth any dealer would get involved with stuff like this is beyond me....if it's not good enough to retail, send it to auction. I am NOT defending the dealer or maligning the op, simply telling it how it is.
  14. Not the after sales care....there will be none, it's sold for spares! AVOID!
  15. Good stuff, I think you stand an excellent chance of arguing that this wasn't a true sales 'n' repairs sale, and that the dealer's trying it on. No, I don't, the ad specifically states spares / repairs twice and does not mention if it drives ok or if anything works. They got what was described in the ad. If you're selling cars to the general public, advertised on consumer websites, valeted, repaired, taxed, and suitable to drive away on the day, you're going to have a hard time arguing that the words "spares and repairs" or "sold as seen" are anything but trying to avoid your responsibilities to consumers. Instead, the traders use these magic words because writing "I don't want to honour the CRAicon" would harm sales, and writing them helps the traders bully people out of their rights. Even the idea that there are legions of consumers desperate to buy _entire cars_ for spare parts is an insult to the entire industry. Spares / repairs is fine and involves no comeback, as long as the ad is absolutely clear. Sold as seen is a big no no. Consumers see only what they want to see, which in this case was a bright looking modern car for £1000. I do agree slightly sticky ground allowing it to be driven away, but the ad is as solid as a rock, it couldn't be plainer. No-one's saying that cars can't be sold for spares/repairs/as seen. The problem comes when you dress a car up as anything but that. It shouldn't be that difficult either; tell people why the car's not a runner, get customers to trailer it away, and don't invest money in making them better! This one wasn't dressed up though...yes its been cleaned, but the ad could not be clearer. 'Sold for spares or repairs on behalf of a customer' And why not clean it? People buy with their eyes and not their brain sometimes!
  16. Yes, I think it probably does. These spares / repairs things do have a value of some kind and it would be absurd to say thy cannot be sold. Spares / repairs = trouble, every time. I am a retired car dealer, and if I ever took a px that was trouble I simply sent it to auction, sold as seen.
  17. Well, almost. If a dealer is selling car then you can presume it is roadworthy, safe, and will fairly reliably get you from a to b...bearing in mind the price paid. That doesn't need to be in writing, it's a given in consumer law. the difference here is that is was advertised as 'spares or repair'...that is, sold on the basis that you will either use the parts from it for spares or spend money doing the repairs that are required. and you weren't quite told 'it just needs a couple of tyres'...sad but true. sorry! no doubt your receipt says spares / repairs also?
  18. No I know it isn't...the reply was to the op. Basically ANYTHING on ebay sold spares or repair = trouble. I completely agree with you that if the op had evidence that it only needed tyres then that's a different ball game. But I'll bet that wasn't quite what was said. The dealer won't be an idiot. It will most likely have been 'well we are selling it spares or repair on behalf of a customer...it does need a couple of tyres though, so we will do them....' I expect the receipt says spares or repair too. Not good for the op....but spares or repair means, well, break it or repair it.
  19. Yep, that's about right. I refer you to my previous answer, spares or repair = scrap or spend, your choice. You can't have the penny and the bun...ie you can't buy a £1000 'spares or repairs' car and not expect it to be exactly that: break it for spares or repair the faults. That's what it means. £1000 is banger money anyway.
  20. No I doubt it. It was advertised as spares or repair. What didn't you understand about that phrase? If it was advertised spares or repair then that's what is was.....scrap or spend, your choice. I'm afraid you can't have the penny and the bun.
  21. Just noticed £1100 paid.....in banger territory really.
  22. OP I think alot depends on how much you paid for the car. They cannot sell a car 'as is'.... but if it was only a few hundred then the age and price paid would be taken into account. So how much was it? Having said that the advert would immediately ring alarm bells....they are virtually saying its not a very nice car! Having said that you will probably win.
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