Car purchase - Fault before sale completed

[Heckler]

Hi all

 

I went to see a car last weekend, and agreed to purchase it for the sum of £1700, I left a deposit of £200 cash.

 

The car was to be delivered to me on Tuesday, and late afternoon/early evening I finally received a call from them to say the car wasn't drive able due to a gearbox problem. The car was an auto, and during the test drive I was not aware of these faults. It drove ok, the kickdown worked exactly as it should and there was no jerkiness from it at all. I'm no expert, but I do know what to look for in a dodgy autobox and would never agree to buy one that showed any signs of a fault.

 

The seller is a dealer not a private seller, on Tuesday they said they would get their mechanic to look at it and let me know what was wrong. They didn't do this.

 

I took advice from the Skoda owners club members, who between them have thousands of hours working with these cars and their advice is based on a vast amount of knowledge. Every single person advised me NOT to buy the car (I'd already come to that conclusion myself).

 

I had sent txts to the seller, which have been delivered and ignored and today I called to ask what was going on and when would I get my deposit back.

 

Cue the fun and games... With them trying to claim I am pulling out of the deal and would forfeit the deposit. They claimed the law was on their side and trading standards would agree with them. They then claimed they were having the gearbox fixed for me, I pointed out they had neither informed me what the issue was as promised, nor sought my agreement to having any repairs done before purchase.

 

I have spoken with trading standards today and registered the complaint... they've pointed out that under the sale of goods act 1979 the vehicle is not in the same condition it was at the viewing/sale point.

 

I have written a letter to the seller and the text is below. I would appreciate some advice on the wording, and if there are any specific phrases or regs/laws I should be quoting.

 

On the 25th Feb 2012 I visited your premises to view the above mentioned car. At no point during this viewing or on the test drive was I aware or made aware that a fault existed within the gearbox. I agreed to purchase the vehicle at a price of £1700 and a £200 cash deposit was left.

 

On Tuesday 28th Feb 2012 it was supposed to be delivered to me by your selves. I sent several messages regarding this, all are recorded as being delivered and no replies were sent. I heard nothing until early evening, when you called to inform me that the car was no driveable due to a problem with the gearbox.

 

You informed me that you would have your mechanic look at it, and tell me what the issue was. You have not done that, and on the 1st March 2012 claim that you were having it repaired. This is not something I was asked about nor agreed to.

 

Having taken professional advice myself, the resounding answer was not to purchase a car with such a fault.

 

The vehicle I agreed to purchase is not in the same condition, and is not as described or seen at the point of sale. There for under the sale of goods act 1979, I am entitled to a full refund of the deposit.

 

During a phone call to you on the 1st March 2012, you tried to claim that the law states it’s a non refundable deposit and trading standards are on your side.

 

I have now spoken with trading standards and taken legal advice on the matter. As the vehicle is not in the same condition as it was when viewed, I am perfectly entitled to withdraw from the sale with no penalty or forfeit.

 

I am therefore giving you 14 days to refund my deposit of £200 in full, or further action will be taken. Trading standards are fully aware of the complaint and are awaiting the outcome.

 

This letter is being sent recorded and a copy retained for mine and trading standards records.

 

Regards

[sailor sam]

Just amended the last bit slightly as I think it reads better and is not so abrupt;

 

 

On the 25th Feb 2012 I visited your premises to view the above mentioned car. At no point during this viewing or on the test drive was I aware or made aware that a fault existed within the gearbox. I agreed to purchase the vehicle at a price of £1700 and a £200 cash deposit was left.

 

On Tuesday 28th Feb 2012 it was supposed to be delivered to me by your selves. I sent several messages regarding this, all are recorded as being delivered and no replies were sent. I heard nothing until early evening, when you called to inform me that the car was no driveable due to a problem with the gearbox.

 

You informed me that you would have your mechanic look at it, and tell me what the issue was. You have not done that, and on the 1st March 2012 claim that you were having it repaired. This is not something I was asked about nor agreed to.

 

Having taken professional advice myself, the resounding answer was not to purchase a car with such a fault.

 

The vehicle I agreed to purchase is not in the same condition, and is not as described or seen at the point of sale. There for under the sale of goods act 1979, I am entitled to a full refund of the deposit.

 

During a phone call to you on the 1st March 2012, you tried to claim that the law states it’s a non refundable deposit and trading standards are on your side.

 

I have now spoken with trading standards and taken legal advice on the matter. As the vehicle is not in the same condition as it was when viewed, I am perfectly entitled to withdraw from the sale with no penalty or forfeit.

 

Therefore please refund my deposit of £200 in full within 14 days from the date of this letter which will avoid the necessity of further action being taken.

 

This letter is being sent recorded and a copy retained for mine and trading standards records.

 

Regards

 

Apart from that, i think it's fine!

 

Please keep us posted.

 

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]

Well at least the dealer has ha the decency to let you know about it and didnt just drop the car off and let you get on with it.

 

I've no idea whether or not he is obliged to return your deposit or whether you are obliged to stick with the deal, but it sounds like he's fixing it.

[Heckler]

He couldn't deliver the car because it couldn't be driven... hard for them to get around that.

 

As for repairing it... I know enough about autos to know that if the gears are slipping, then the bands are knackered and it means a total rebuild replacing them or a new gearbox... First option will cost over a grand to do, cheaper option is to chuck in a second hand gearbox, which you don't know where it's come from, what sort of mileage it's done or if it's gonna break down in a few days...

 

Would you agree to buy a car with a known gearbox problem that could cost you as much as the value of the car to repair?

 

The fact that the seller was only getting it inspected so they could tell me what the problem was, and failed to do so... then claims they were getting it repaired for me, but not what the problem was at all... Says that the trust has been broken, the car is not as described or seen and there can be no forfeit or penalty for withdrawing from the sale. The seller is trying to pull a fast one, and his claims regarding the law are false.

[oddjobbob]

I didn't know it couldn't be driven... I don't think it says that anywhere, and you'd have thuoght that if yuo drove it and it was ok then it would still drive and not have failed completely.

 

No need to get out of yuor pram though, I already said I had no idea if he should refund you or not and I still don't know, as I'm no solicitor, but personally I agree with you he should refund the deposit... its obviuos that the trust etc has gone and you will never be happy with the car so fro the sake of a few quid he should refund you even if not lawfully obliged to do so (and AS STATED I've no idea if he has to refund you or not)

 

But I hope he does, and if I were him, then I would.

[Heckler]

It does say it wasn't drivable in the quoted text of the letter I drafted, but it was when I tested it. I drove it a good 10-15 miles, it changed through all the gears with no clunks or jerks, the kickdown worked exactly as it should from 40-70mph.

 

A problem like that doesn't manifest itself overnight, and the opinion of people far more knowledgeable about autos that me have expressed option that a bodge was attempted to get it sold quickly before it got worse. Luckily for me, the problem got so bad before delivery that it couldn't be driven at all... and no sane person is going to buy a car with a knackered gearbox.

 

Not getting out of my pram or anything... just really ****ed of about some tosser trying to rip me off, thankful I didn't get suckered in completely and angry they trying to steal my deposit.

[oddjobbob]

Yup... lets hope he pays you back ok. I daresay he will.

[Heckler]

Letter has been sent recorded this afternoon... Now I have to wait for 14 days and see if they pay up.

[Heckler]

2 weeks is up with no reply. On Monday I shall escalate if further with trading standards and see about starting the small claims process.

[sailor sam]

Go for it. This link will give you an idea how to go about it;

 

http://smallclaims.me.uk/index.html

 

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.

[Heckler]

It's been escalated with trading standards, just waiting for them to call me back. Will update as I know more.

[Heckler]

I've spoken with trading standards and they told me to take action through the small claims court.

 

I've drafted a short letter to send to him recorded... the text is quoted below. I'd appreciate any advice on the structure/wording and so forth. Figure it needs to be short and sweet this time.

 

 

Letter Before Action

 

Re: Skoda Superb Registration SD54ZFF

 

 

I am disappointed that you have failed to respond to my letter dated 1st March 2012. I have been more than generous in the time given for you to repay the money owned to me under the Sale of Goods Act 1979.

 

I have escalated the complaint with trading standards and completed the forms needed to take this matter through the courts.

 

I am therefore giving you until Tuesday 17th April to refund the £200 in full, or legal action will be taken to recover it. Any further action will include all costs and expenses incurred as well as interest, all of which you will be liable for in addition to the £200 already owed.

 

Failure to make payment by the 17th will mean that court documents will be filed on the 18th, and at that point I will be pursuing full costs.

 

Regards

ME

 

 

 

Letter was written today (5th) and will be posted recorded on Sat 7th. I can safely assume that it will be delivered by Tuesday 10th, and this gives 7 days for him to pay up.

 

As for the costs I have incurred so far... I have worked out that it includes 10 txt messages @ 12p each, 3 phone calls on my mobile @ 40p min (I'm PAYG), 1 recorded letter and then this recorded letter. Plus £25 for the court fee.

 

When calculating the interest, do I do it solely on the £200, or on the total? If the figure comes out at a silly number of decimal places, do I round up to the nearest penny?

[sailor sam]

The interest is calculated on your total claim (excluding the court fees) from the date you handed the money over. I shouldn't worry about it too much as it will only be about 4p per day on a debt of £200. Your other items (phone calls etc) will be known as 'consequential losses'.

 

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.

[Heckler]

Letter was sent yesterday as I forgot all about the Easter long weekend, and that I was going to be away for a few days.

 

I've given them until the 19th (next Thursday) and if no reply, will file on the Friday.