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Is he a Dealer?


Poor-Paulus
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Hi everyone,

I have recently bought a car from a chap in London that claimed to be a "private dealer". He deals from his home without a business premises. The name on the logbook did not match the address from where I bought it by a very long distance. He claims that he took the car as part-exchange. The logbook numbers were all correct to the vehicle and I dont a HPI check which showed nothing nasty.

 

I bought the car on a Saturday, drove it a very sedate 130 miles home without issue where it remained, unused, until the following Tuesday. This is when I started having problems with it switching in to limp-home-mode with a variety of errors showing on the dash. I immediately informed the "dealer" about these issues and obviously, he didn't want to know because it was "fine when I last drove it".

 

I decided to get it checked over by a local french car specialist (it's a Citroen) which he diagnosed a broken link on the turbo wastegate. This was replaced, but didn't solve the problem. I took it back for further diagnostic which provided the same errors on the computer - inconclusive. It is currently being stripped of lots of expensive looking parts in an attempt to get to the bottom of the problem...at what I expect to be great expense.

 

So, what are my rights if I bought it from a dealer or private? Either way, I'm am 100% certain that this is a pre-existing problem.

 

Paul.

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I wouldn't think you could be a "private dealer" you can sell a car privately or you can be a dealer from home surely? Given that he is selling vehicles from his home and presumably paying NI and tax on his earnings:roll: He is in business selling cars from his home address.

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In answer to the OPs question based on his info; most deffinately yes and as such the SOGA applies.

 

However, you have a problem. To make a sucessfull claim via the courts (if necessary), you have to give the seller the oppotunity to rectify matters before arranging repairs under your own initiative. This you have done only verbally by the sound of things, as it should of also been done in writing (so you can provide evidence in court). Unfortunately you have provided the seller with a defence in a potential claim as he will no doubt say that he wasn't given the opportunity to inspect the car or arrange repairs at his own expence. Also, if the purchase was very recent, you may of been in a position to reject and demand a full refund.

 

My advice is to write to the seller and advise him of the diagnosis from the Citreon garage and ask him if he is prepared to contribute to the repairs. If he refuses point blank you still may be able to issue proceedings against him but whether you will manage to recover the whole repair bill would be up to the court. As I have pointed out, you stood a much better chance had you wrote to the seller before having any work done.

 

All correspondence should be done in writing only (keeping copies) and sent by recorded delivery.

 

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 button at the bottom of my profile window on the left if you found my advice useful.

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 face to face 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.

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DAMN!!! I knew I should have checked here first.

 

Anyway, I've got my car back this afternoon. The mechanic had found a split hose in the turbo system. Once this was repaired, the error did not re-occur. However, I will wait a few days before my confidence grows.

 

So far, other than the inconvenience of all of this, it has cost me approx £100 to get to this point. I think it could have been much worse. If the car is now stable, then I will not bother the dealer any more.

 

Thanks for the advice. I will update this post if things change.

 

Paul.

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