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Found 1 result

  1. Hi, I am hoping someone can give me a bit of advice regarding a car that I purchased recently that I believe was mis-sold to me due to there being an outstanding safety recall that was not disclosed at the time of sale. Here is a more complete background to my story... I purchased a Vauxhall Zafira recently from a local dealer and a couple of weeks later discovered that the car had a safety recall issued on it due to a risk of fire. I was not informed of this when I purchased the car. I would not have bought the car had I known. I have written to the dealer to complain and he stated that basically it is not his problem and that I should have known about it. I then wrote back to explain why I believed that the car was mis-sold and have recently had contact from his lawyer stating that the car did not have an outstanding recall (which it does) and that there are no advisories on using the car as normal. Vauxhall have advised me not to use the heater or blower motor and if it is absolutely necessary only use them on settings 0 or 4. Having looked into it myself I have found guidelines from the DVSA that state that dealers should not sell cars with outstanding safety recalls on them titled "A guide to safety recalls in the used vehicle industry". Within the guidelines it states: "The General Product Safety Regulations 2005 covers the areas of product liability and consumer protection in the United Kingdom." "The distributor shall act with due care in order to help ensure compliance with the applicable safety requirements and in particular he…shall not expose or possess for supply or offer or agree to supply, or supply, a product to any person which he knows or should have presumed, on the basis of information in his possession and as a professional, is a dangerous product” DVSA considers that this identifies that a product with an outstanding safety recall should not be passed to a consumer. Producers and distributors are professionals in their field and should therefore be fully aware that safety recalls exist and that they can occur on any product. DVSA believes that this paragraph applies to the supply of used products in the automotive sector." Having spoken to his lawyer and informing him of the outstanding safety recall he is saying that he still believes that the dealer has done nothing wrong. My question to anyone more knowledgeable than me on such matters is do you believe that I have been mis-sold the vehicle and would I stand a chance by taking it to small claims. I appreciate this is a long post but any information would be greatly received and appreciated. Thank You in advance LBG
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