Jump to content


Faulty car bought from local dealer.


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3519 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Call them this morning but my guess is that your next step will be sending a letter before action (LBA). The fact of the matter is that although the advisory may have been 'alien' to the dealer, it was 'active' when he sold the car and thats all what would matter to a judge. It would be quite reasonable to expect someone 'in the trade' to check any available MOT history on a car he is selling. It seems conveinent that the advisory notice was missing from the documents which were made available to you. In my opinion you have a good case to persue but unfortunately it may be a long drawn out affair which will incurr you with court costs initially.

 

Make sure you keep all correspondence to and from the 'dealer' and come back when you have spoken to trding standards. Hopefull, they will actually become involved.

 

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.

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.

Link to post
Share on other sites
  • Replies 165
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

He is totally right not to do anything. What advisories were given 10 months ago have absoultely nothing to do with the car at the time of sale. As your MOT certificate will point out it is only valid at the time it was carried out, The same applies to advisories. You even seem to be complaining that the car failed and had MOT repair work done 10 months ago. You are being entirely unrealistic in your expectations of a used sub £1k car. Your only recourse now is to pursue it through the court system. However I can just about guarantee you will lose, you will also then be laible for their legal expenses.

 

Seriously why didn't you just buy that £40 part and take up his offer of free fitting? Was saving £40 so important your willing to cause yourself all this aggro.

Link to post
Share on other sites

You certainly have a case regarding the servo or anything else that goes wrong in a short time ( vehicle not of merchantable quality or fit for purpose, as defined in SOGA )

Defo persue it, if you have the inclination.

Jeep again, price paid to a trader has no bearing on the consumers rights.

Link to post
Share on other sites

From CAB website.

 

If a secondhand vehicle needs more extensive repairs than seemed necessary at the time it was bought, this does not necessarily mean that the vehicle is not of satisfactory quality. A secondhand vehicle can be of satisfactory quality if it is in a useable condition, even if it is not perfect.

 

 

Read that from the CAB and get back to me ray.

Link to post
Share on other sites
From CAB website.

 

If a secondhand vehicle needs more extensive repairs than seemed necessary at the time it was bought, this does not necessarily mean that the vehicle is not of satisfactory quality. A secondhand vehicle can be of satisfactory quality if it is in a useable condition, even if it is not perfect.

 

 

Read that from the CAB and get back to me ray.

 

I would accept that, if I was informed of the faults at the time I bought it, the fact is I wasn't. In fact the dealer lied and said the hissing noise was the fans. If he had told me about the faults before I bought it, I wouldn't have bought it.

 

There seems to be something else wrong with the car aswell. Driving home from work today, when I stopped at traffic lights the car cut out completely with the word stop light up on the dash, does anyone know what would have caused it to do this? And before anyone says it, I didn't stall it!

 

I couldn't ring TS today as I was at work all day and their lines close at 5pm, I will ring them tomorrow and see what they say.

Link to post
Share on other sites

But its not no brakes, its a leaky servo. Providing it is giving enough servo assistance to the braking system it has met the requirements of sale.

 

Oops there Ray. :wink:

 

OP the law is there to protect you from illegal practices. It isn't there to hold your hand. It is up to you to check the car prior to purchase. The trader has only to get the vehicle to merchantable standard, not to give it a full top to tail inspection. If you want that pay for a mechanical inspection prior to buying.

 

PS Just because I am a motor trader it doesn't mean I don't know the law. I know I'm giving the OP the proper advice. Do you! In fact I'm confident enough in what I say I'll put my money where my mouth is. Want to put £50 on this never reaching court or if it does the trader coming out the winner?

Link to post
Share on other sites
But its not no brakes, its a leaky servo. Providing it is giving enough servo assistance to the braking system it has met the requirements of sale.

 

 

Oh dear jeepster for a trader you don't know an awful lot about cars do you?

 

Leaking servo = unroadworthy car

 

And...............that has never ever changed. It falls under all vehicle inspections, services and mot as condition of system which should have no leaks. Car should not have been sold in that condition and as a trader you ought to know better.

Link to post
Share on other sites

Helios, go read where an MOT tester indipendent of the garage says differently. Offer stands to you too helios. £50 on it never reaching court or trader winning?

Link to post
Share on other sites
He is totally right not to do anything. What advisories were given 10 months ago have absoultely nothing to do with the car at the time of sale. As your MOT certificate will point out it is only valid at the time it was carried out, The same applies to advisories. You even seem to be complaining that the car failed and had MOT repair work done 10 months ago. You are being entirely unrealistic in your expectations of a used sub £1k car. Your only recourse now is to pursue it through the court system. However I can just about guarantee you will lose, you will also then be laible for their legal expenses.

 

Seriously why didn't you just buy that £40 part and take up his offer of free fitting? Was saving £40 so important your willing to cause yourself all this aggro.

 

What utter rubbish! Of course the advisory was relevant at the point of sale! It was issued with the last MOT and the fault had not been rectified prior to the point of sale to the OP. Therefore, the OP should of been informed that this advisory was still relevant and would need to be recified before the next MOT. As the 'dealer' sold the car to the OP obviously with the defect, it follows that it would be expected that the dealer should of been aware of the 'fault'.

 

I think that trading standards will diss-agree with your 'guarantee' of the OP loosing in a court case. I most certainly do.

 

@ the OP, my advice is to stop using the car and consider rejecting it. you are doing yourself no favours continuing to drive it with this fault.

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.

Link to post
Share on other sites
What utter rubbish! Of course the advisory was relevant at the point of sale! It was issued with the last MOT and the fault had not been rectified prior to the point of sale to the OP. Therefore, the OP should of been informed that this advisory was still relevant and would need to be recified before the next MOT. As the 'dealer' sold the car to the OP obviously with the defect, it follows that it would be expected that the dealer should of been aware of the 'fault'.

 

I think that trading standards will diss-agree with your 'guarantee' of the OP loosing in a court case. I most certainly do.

 

@ the OP, my advice is to stop using the car and consider rejecting it. you are doing yourself no favours continuing to drive it with this fault.

 

Once I've spoken to TS again tomorrow, I will see if rejecting the car is a possibility and will stop using the car. If I was to go by the response I got from the dealer, rejecting the car isn't going to be easy.

 

Want to put £50 on this never reaching court or if it does the trader coming out the winner?

Offer stands to you too helios. £50 on it never reaching court or trader winning?

Another taker on my £50 bet sam? I'm confident in putting my money where my mouth is.

 

Is this really necessary? I don't think so.

Link to post
Share on other sites

azza, take Sams and the Dragons advice. Reject the car. Jeepster seems to be on a different planet.

 

The long and the short is that a leaking servo is considered to be unroadworthy. It doesn't matter whether or not it was on a previous advisory, the fact of the matter is that you picked up on it on the test drive, was fed a cock and bull story and have asked for it to be repaired. DO NOT fit a used part on a braking system.

 

Servos are usually very reliable and two things cause them to fail. External damage to pipes and connectors, which suggests "something unusual "in its past or a master cylinder fault where fluid leaks in and contaminates the diaphraghm. That's the more serious fault!!

  • Confused 1
Link to post
Share on other sites

All very vocal with your money OP. Not quite so confident with their own! Makes you wonder just how confident in their convictions they really are.

Link to post
Share on other sites
All very vocal with your money OP. Not quite so confident with their own! Makes you wonder just how confident in their convictions they really are.

 

Or maybe they're just posting here to offer their advice, as apposed to you - just posting here to take the ****. Or so it seems.

Link to post
Share on other sites

Or maybe they're just posting here to offer their advice, as apposed to you - just posting here to take the ****. Or so it seems.

 

Not at all, The advice I'm giving you is the same as any solicitor with knowledge of consumer law would.

Link to post
Share on other sites

I think the OP will find out how accurate your 'advice' is after speaking to trading standards. As soon as he tells them that the car had the same fault at the point of sale which was on an advisory issued 10 months ago (which convienently was missing from the docs with the car), and the fact the 'dealer' stated it was the fan which was maikng the noise, I think you will find that their opinion will be slightly different to yours.

 

Maybe you would like to take a look at this recent case; http://www.consumeractiongroup.co.uk/forum/showthread.php?276044-Car-faulty-after-just-1-month-Help! it may give you an idea on the quality of the advice given.

Edited by sailor sam

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.

Link to post
Share on other sites

Hope OP does succeed in getting monet back or costs in court.

Jeep just confirms the mentality of car traders in general, they just have no regard for the product they are selling and customer satisfaction, and just dont understand the law ( think it does not apply to them! Is this how Jeep would respond to his purcahasers). Obviously in the business to make money but to deliberstely tell lies and have no regard for peoples safety is not the way to do it.

Maybe jeep will learn something.

And yes I will take jeep up on the bet, but lets make it more reasonable, lets say you just have post a BIG appology and stop posting silly advice and comments when you loose.( wonder what sort of warranty/guarantee that comes with? )

And if so confident post up your trading name so we can check you out.

Link to post
Share on other sites

I've just called Consumer direct again and they said I should now send as letter before action to the dealer giving him a further 14 days to resolve the issue. If after the 14 days he is still refusing to do anything I've to call them back and this will be passed on to ttrading standards.

 

I read her the letter he wrote to me in response of the soga letter letting her know he was going to ignore any further correspondence except a court summons and she said if the letter before action letter is ignored I've to go for a refund/rejection.

Link to post
Share on other sites

As a matter of interest, did the advice correspond with Jeepstar's? Did they pass any opinion at all to lead you to think there is any merit at all in his advice? There could be £50 riding on this!

 

I'll be back later. Do you need help with the LBA?

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.

Link to post
Share on other sites
As a matter of interest, did the advice correspond with Jeepstar's? Did they pass any opinion at all to lead you to think there is any merit at all in his advice? There could be £50 riding on this!

 

I'll be back later. Do you need help with the LBA?

 

I pointed out the dealer stated in his letter that he would be ignoring any further correspondence except a court summons to which she replied well if he ignores your lba letter get back to use and we will take this further to get you a refund. She was giving me advice completely the opposite to the jeepster's advice, so I would say cough up the money jeep!

 

She also kindly pointed me in the direction of the lba template letter on the direct gov website which I have now editted and printed off, ready to be sent first thing tomorrow morning, thanks for the offer though!

Link to post
Share on other sites

Consumer direct can only give advice, In the same way the thread you quote can only give advice Sam. With regard to that thread btw, it is regarding a 4 year old car costing substantially more. How you guys fail to understand that the level of comeback DOES reduce with age and price. This IS the law.

 

The only person that can physically make the trader do anything is the courts. Trading standards can only recomend his local authority remove his trading license. They would only do this if they feel he was doing business illegally.

 

Ray I do not disregard people for money. I do however like every trader in the land, give as much customer service warranty work post sale as the law requires. However I'm still willing to put my money where my mouth is. i'm a man of my word I will via paypal send you £50 if this goes to court and the OP wins. Do you agree to do the same?

Link to post
Share on other sites

I'll take you up on that Jeepster. Only if it goes to court and the OP wins you pay £50 to the CAG site running funds. We do things for nothing here. If the OP loses I'll honour the £50 though I expect you to reciprocate and nominate a charity of your choice. CAG site rules which you signed up to is that nobody will pesonally benefit financially on the forums.

 

MARTIN 3030 You OK with this?

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...