Pugeot 206 - Been sold a dog.

[sfuk]

Greetings All

 

We were desperate for a car so my father in law offered to put a car on his credit card for us. So off we went and purchased a car from Car Giant on Tavistock Street in Dustable, Beds. We were told that the car would be ready in three days time so three days later we phoned up and were told it was ready to collect. Off we went down to the dealer to find it had not been taxed and valeted so kicked off and it was done whilst we waited. We drove away thankful we got a new car. How wrong we were.

 

When we got back we found we had no MOT certificate and had my mechanic friend look it over and just check that everything was topped up. It had no oil in the engine and no water. So we topped that up and took the car for a spin. He said that the radiator needed flushing out as there was loads of gunk in there and the water we were putting in was sitting on top. 3 radiator flushes later and one engine blockage cleared out of the coolant system, antifreeze and water back in the engine we thought job done.....how wrong we were. The following morning there was oil in the water system. So quick trip down to an independant garage to be assessed told us that the head gasket had gone, the timeing belt was on its way out with very little life left in it and we had a bald tyre.

 

Phone call to the dealer left us speachless. He stated that we had bought the car sold as seen for parts and repair. We have since found out from various sources that he is not allowed to do that. He said we had no warranty with the car as we did not buy the £500 for three months warranty and he was not prepared to do anything about it. It was paid for on the credit card so I was wondering what action we can take to recover our money.

 

My question is what action can we take and what is open to us. Apart from the mechanical problems the car is in fairly good condition but if we have to reject it to get our money back then so be it. At the end of the day we need a car. Can we claim for the inconvenience etc. What options are open to us. Father in law is phoning the credit card company as i write this.

 

Cheers

 

SFUK

[rebel11]

Hi sf

 

I think, I'm not totally sure if you can use Chargeback

 

http://www.which.co.uk/consumer-rights/sale-of-goods/your-rights-when-paying-by-credit-card/chargeback-on-credit-and-visa-debit-cards/

 

http://www.consumerdirect.gov.uk/after_you_buy/know-your-rights/cars/

[scaniaman]

So sorry to hear of your troubles sfuk. The position is this:- In order for a car dealer to sell a car as you describe, it must be advertised (even a ticket on windscreen) "sold as seen, for parts or repair". If someone buys this car, the dealer MUST ensure that the car is Transported away (possibly towed) from his premises. What you do with the car after leaving his premises is entirely your responsibility. The dealer must have taken the current license off the car prior to selling as he could not get a new road tax without an MOT!!! I can't say for every credit card, but VISA credit and debit cards may allow you to do chargeback. Hope this helps. My crystal ball tells me this is a trading standards and Soga case.

[sailor sam]

Don't know what the OP has done since starting this thread but the proceedure to follow is; inform the seller of the fault(s) and ask him to repair. Although you may have alreday done thsi and the answer was NO, it should also be put in writing giving the seller 7 days to respond. Indicate in the letter that if he fails to rectify, you reserve the right to either arrange the repairs yourself and present him with the bill or reject the car and ask for a full refund. Under the SOGA, any defects which occur within the first 6 months of ownership are assumed to be present at the point of purchase. Any warranty (free or otherwise) does not replace your statatoury rights under the SOGA so the warranty issue is irrelevant thus any claim is with the seller.

 

Perhaps the OP can bring us up to speed.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[scaniaman]

Hi Sam, What you say about Soga is 100%. Unfortunately, anything that involves public employees usually takes a long time to resolve, hence many poeple allow these car dealers off the hook as they can't be bothered with all the hassle.

Speaking for myself, I am having a heck of a job with trading standards as they seem to be able to do as they please. At every turn it's their interpretation of the laws that dictates whether or not they will act. Even their complaints proceedure is operated by their fellow employees--how can that be impartial and fair. The TS people are allowed a face to face meeting with investegators but the punter has to work through the written word. Tough luck if you are not good at expressing your point on paper. In some cases they appear to put great effort into finding legit. reasons for not acting, and in my experience that tends to be against large companies. What's the point of having good consumer laws as we have if no one has the gumtion (balls) to implement them??

People who have to buy low priced cars usually can't afford a lawyer etc etc, others are just plain scared to go near a lawyer, as they don't understand what they might be sucked into.

Edited November 14, 2010 by scaniaman
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