Ripped off - bought car from a garage

[col0101]

I have just bought a car for £1200 and the car has started to make a noise after around 5 days. I have taken it to a garage and they have said I need a new engine which will cost 600/800 pounds. I have a receipt which says 'sold as seen'. Do I have any chance of getting my money back?

[rebel11]

Hi col

 

Welcome to CAG

 

http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_second_hand_vehicles.htm

http://www.adviceguide.org.uk/c_secondhand_cars.pdf

http://www.which.co.uk/consumer-rights/sale-of-goods/your-rights-buying-second-hand-cars/second-hand-cars-your-rights/

[crem]

I don't think the term "sold as seen" is any defence for a garage when you lodge a SOGA claim against them.

[col0101]

It says and I quote 'This veichle is sold with no warranty whatsoever as to condition roadworthiness... The purchaser has been given every opportunity to inspect the vehcile to his satisfaction and he is responsible for ensuring it complies with all current road traffic acts. The vehicle is sold as damaged or an insurance total loss'

 

I bought this car from a scrapyard but also sold a small selection of second hand cars.

 

Does this make a difference?

 

Thanks

[Purpleflowers 2]

seems like they have covered their backs with that, but since they are a garage you have more legal rights and can take them to court for knowing the car was faulty in the 1st place

[crem]

Humm including the final bit of "the car is sold as damaged or an insurance total loss" could cause problems on a claim even through SOGA I think.

[grahamengineering]

Lets see if I've got this right? You bought a car from a scrapyard, it was sold with a disclaimer saying it was essentially spares or repairs and you think you should get your money back!

 

What was the car and what did you pay for it?

[heliosuk]

It's also quite amusing that no one from the site team has jumped in early with

 

"SOGA is your friend"

"go get em"

"send an LBA"

 

etc, etc, etc.

 

Perhaps for a change some of them are starting to think sensibly as to getting the proper facts first before setting people off on a mission with little or no hope of success for once.

[sailor sam]

Was the car sold as being able to be driven away i.e. serviceable?

 

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.

 

[Conniff]

It depends on how you found the car, was it advertised or did you just wander into the scrapyard looking to see what they had for sale?

 

If this car was advertised and these things were not mentioned, then it is an attempt to skirt your statutory rights ie SOGA, they cannot be added to an invoice at the point of sale.

Is this business a scrap yard with car sales or car sales with a scrap yard?

Is the car damaged?

Is it an insurance write-off?

Do you have the log book?

 

If you are a consumer and not a tradesman, then the seller as a dealer cannot contract out of the Sale of Goods Act.

Edited January 19, 2012 by Conniff

[col0101]

it was a vauxhall corsa 2002 and paid 1200. It was advertised in the local newspaper.

 

No it doesnt't have a log book. Yeah it was sold as serviceable.

[sailor sam]

How was it advertised? I.e. was it 'good runner' or anything like that? As Conniff says, it would be unlawful for a trader to attempt to reduce your statatory rights.

 

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.

 

[Conniff]

No it doesnt't have a log book.

 

Why, is the car a write off and is it declared as scrapped ??

Edited January 19, 2012 by Conniff

[sailor sam]

This is getting really interesting...

 

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.

 

[oddjobbob]

i'm pretty sure that if the car is sold as 'spares or repairs' then there is no comeback. And why ever would you buy a car without a V5 ffs?

 

'good runner' means nothing... only that it starts and drives.

 

I think the op is ni trouble here.

[oddjobbob]

And no, SOGA is NOT yuor friend in this case!... if you try it then the garage will be as awkward as possible and claim you bought a scrapper for spares.. which, on the invoice, you did. Sorry!

[sailor sam]

i'm pretty sure that if the car is sold as 'spares or repairs' then there is no comeback. And why ever would you buy a car without a V5 ffs?

 

'good runner' means nothing... only that it starts and drives.

 

I think the op is ni trouble here.

 

Maybe IF it states that but so far the OP hasn't confirmed it. If it was sold for 'spares or repair' then the seller would not have described it as being 'servicable' or 'a good runner' or allowed the vehicle to be driven away. These terms would be illegal if the car was unroadworthy. The way the car was advertised will be the key issue here I think. What concerns me atm is that there is no log book. We need more info.

 

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.

 

[oddjobbob]

Its likley that with the words ''The vehicle is sold as damaged or an insurance total loss'' on the invoice that the scrapyard will not willingly help or give a refund. They can rightly claim that it is repaired salvage... becasue it is. Despite SOGA or how the ad was worded they will say they are basically a scrapyard and sell writen off vehicles on the cheap. With no V5 its going to be a cat C.

 

Also hes been told it needs a new engine. I doubt that, they rarely do, he needs another opinion.

[sailor sam]

Bob, at a cost of £1200 for an 02 Corsa, I would expect it to be a runner and have an MOT. Forecourt price is around £1500 for a 1.2i 16V Club 3 door with 85k on the clock.

 

Depends on how it was sold/advertised.

 

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.

 

[col0101]

It says on the website that they are a scrapyard AND a second hand car dealer.

 

It does say on the receipt 'sold as damaged or an insurance total loss'.

 

In the advert, it just had a list of cars for sale with a price.

[sailor sam]

It says on the website that they are a scrapyard AND a second hand car dealer.

 

It does say on the receipt 'sold as damaged or an insurance total loss'.

 

In the advert, it just had a list of cars for sale with a price.

 

Can you post a link to the website please.

 

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.

 

[Conniff]

What is the website ?? if you can't yet post a link, then just write it out so we can copy.

[sailor sam]

What is the website ?? if you can't yet post a link, then just write it out so we can copy.

 

Should be able to simply right click on the web address and then paste it i here.

 

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.

 

[col0101]

w w w.wrekinmotors.co.uk/about

[oddjobbob]

@ sailor sam... I agree that for £1200 it SHOULD run ok and have an MOT... but in this case I think the price paid is largely irrelevant due to the 'sold as an insurance loss' bit on the invoice.

 

The invoice basically says its been a total loss (cat c probably) car in the past. I really don't think that he'll get very far with eith SOGA or a CCJ. The car was sold as an insurance write off. They caught him out the b******s.

 

But where's peoles brains? No V5 = NO SALE!!!