New Purchase Of Car... Devious Cover Up??

[NICK_R]

Hi There

 

Firstly, I am new to these forums but came across them through some investigating of my own. I have read a few threads of similar scenario; but I feel I am best to post my own thread so I can get some clear advice hopefully.

 

So, I purchased a car around 4 days ago now from a "dealer" (sold cars from his own residence, but advertises on eBay, Autotrader etc.. as "dw cars" and "cars to go" and clearly reads "trade seller" on these websites. The address used on these websites is not the address I was directed to however).

 

He told me at the time "as I got the car for a good price, it will be a trade sale with no warranties as such included in the sale". This is also written on the sales invoice.

 

 

Now, my problem became apparent on the drive home when I noticed a dashboard light indicating a fault with the car. Upon arriving home, I looked further into this and noticed that the light was actually covered up by a small black sticker placed over the lights location. Meaning you could only see the light at a certain angle.

Upon further investigation, I took the car to my local VW dealer and they placed it on a macine which flagged up a fault of "Steering Torque Sensor" they advised me that this meant the steering rack would need to be replaced, at a cost of around £1000.

 

I have yet to ring the seller as I would like to know where I stand with the situation.

 

Is this something that can be dealt with under the Sale of Goods Act, do I ring him and say you have sold me a car that is under a satisfactory standard as you have covered up a fault that would not have normally been addressed under initial inspection?

Or do I ring him and say, I've noticed that there is a sticker on the dash covering up a light, do you know what this means?

 

Thanks in advance for any advice.

 

Nick

[silverfox1961]

Hi and welcome to CAG

 

I do believe you should be covered by SoGA. I remember (somewhere) that second hand cars are covered and that a fault found within the first 3 months had to have been there when the car was sold (or words like that)

 

Have a look here at what second hand car sellers are supposed to do.

 

http://www.oft.gov.uk/shared_oft/reports/676408/oft1241.pdf

[NICK_R]

Thank you.

 

That fills me somewhat with confidence that I have the law on my side at least.

 

I just have to prove that the fault was there when I purchased the car I guess.

 

 

Thanks for the link, very informative.

[sailor sam]

Hi and welcome to CAG.

 

It's actually 6 months from the time of purchase which SoGA applies. It would appear that the seller has attempted to limit his responsibilities by indicating that 'no warranty applies'. By doing so breaches the SoGA. Further more from your account, it would appear that a deleberate attempt to 'hide' a known fault with tape. Did you point this out to the VW dealer? If so, would they be willing to confirm this if necessary?

 

My advice at this stage is to contact the seller by phone and report the matter to him. Ask him what he is prepared to do about it. No matter what he says, follow the converstation up in writing giving him 7 days to respond and send by recorded delivery. Obviously you need to decide whether you would be satisfied with the car if it were to be repaired or whether you would rather reject it. Normally the SoGA allows for the seller to have the opportunity to rectify any fault which occurs within the first 6 months although in your situ I believe you could have a case to reject the car at this stage.

 

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.

[NICK_R]

Thanks Sailor Sam.

 

I shall be returning to my local VW dealer today to obtain a proper written up diagnostic report and if possible asking them if they can display when the fault was first recorded and that it was covered up by a piece of tape.

With this in hand, I will then proceed to contact the seller again, making him aware that the problem is more serious than anticipated and ask what he is prepared to do about it.

 

Should I make him aware that if he dis agrees and will not rectify the situation, he is in breach of the SOGA, regardless of whether you sold the car to me as a "trade sale" with no warranties etc...?

 

Thanks

[sailor sam]

Thanks Sailor Sam.

 

I shall be returning to my local VW dealer today to obtain a proper written up diagnostic report and if possible asking them if they can display when the fault was first recorded and that it was covered up by a piece of tape.

With this in hand, I will then proceed to contact the seller again, making him aware that the problem is more serious than anticipated and ask what he is prepared to do about it.

 

Should I make him aware that if he dis agrees and will not rectify the situation, he is in breach of the SOGA, regardless of whether you sold the car to me as a "trade sale" with no warranties etc...?

 

Thanks

 

He probably already knows! I would try and keep it 'friendly' to start with so see what response you get.

 

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.

[NICK_R]

I wrote a very brief e-mail to the seller earlier today and he has replied at length...

 

In sumary he is still stating " a Trade Sale with NO warranty given or implied". Before stating "you test drove the vehicle at length and you were obviously very satisfied with all aspects of the car as we then completed the sales transaction"; which is true, I was satisfed with all aspects of the car, but I did not see the dash light as it was located behind this sticker.

 

He also outlines that it has a long MOT which proves its road worthiness, does this affect it in anyway against the SOGA?

 

He does state that the small sticker was obviously placed on the vehicle prior to his purchase, which thus surely backs up the fact the fault was there before i made the purchase?

 

Offering many "solutions" to this problem and stating "99% of warning lights on vehicles are caused by bad/dry connections or high and low resistance within sensors that can cause a light to appear without any additional symptoms". Correct, there are no other symptoms, but after getting it diagnosed by VW (paperwork to prove), they confirm it would need a new steering rack.

 

Towards the end of the message he states this:

 

"I do not adopt a Marks & Spencers 'returns' policy on a vehicle that is 6 years old and you were clearly aware as stated on your invoice that it was a trade sale with no warranty given or implied. The car is fully roadworthy with no fault or symptoms to the steering.

 

The Consumer Protection Services (also known as trading standards) issues the following guidelines on contracts made after 31.3.2003, which supports Your Consumer Rights, "Think Before You Buy. Traders don't have to take goods back unless they are: Not of satisfactory quality; not as described; or not fit for any particular purpose made known to the seller by the buyer before the contract is made"."

 

 

I would hope that all relevent aspects of the SOGA still apply? As I have noted the problem so soon after the purchase of the vehicle.

 

Any thoughts and comments are welcome

 

Regards

Nick

[silverfox1961]

He seems to ignore the fact that a warranty is in ADDITION to your statutory rights.

 

He is trying to bamboozle you with his 'knowledge'

 

I think one more letter to him and then if he continues to refuse, a letter before action giving him one final chance to rectify the fault and if he still refuses, I think you would have the court on your side.

It is his responsibility to ensure that any vehicle he sells is roadworthy-irrespective of how long the MOT is