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2nd Hand car deal gone horribly wrong

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Good Evening all, and I apologise in advance for the long post, but I feel I need to try and give as much info in the hope that I'm understood regarding the events that have taken place ..

 

About a month or so ago my little boys mother ran into some money trouble and decided to do a "deal" with a local car salesmans staff member where she would trade in her 04 Plate Peugeot for a little "runaround" VW Golf, plus £700 cash to help her money problems.

 

Cleverly this deal was setup by the car salesman who within a day or so "bought" her Peugeot from his staff member and now has it on his forecourt. (He himself tried for months to buy this Peugeot from her, always offering too little so she turned him down)

 

From about 2 or 3 days into using the VW Golf, she noticed that there were problems with it, little problems that you'd associate with an older car like this. Until however she was driving along a main road with my 1 year old son in the back when the car lost all power (still ticking over due to it being an automatic, but nothing even with foot to the floor) , halfway through a set of traffic lights..cars were having to swerve round her and it was a very scary experience for her.

After about 5 or 6 seconds it suddenly came back to life, shooting up the road and hitting 40mph before it would jump itself into 2nd gear. She pulled over and called out the AA who found a number of hoses connected to the engine that had been stuck on with black tape, and various other issues that he said aren't really safe. He escorted her and the Golf home.

 

The car now does this losing of power every 2 or 3 minutes and is now too unsafe for her to even take up the road to the shops.. It spent this week in a Garage where the result of that is that the amount of things wrong with the car would far far exceed the value of the car, (possibly a clutch and gearbox issue or one of the two at least) and he has stated that it is in no way fit to drive it and he will write a report to that nature too.

 

The Car Sales owner and his staff have basically refused any knowledge of such problems with quotes such as "sold as seen" "you got a great little car" etc etc

 

My question is: As technically the guy that works for the owner of the car sales premises was the one that did this "deal", does this mean that she literally can do nothing? Even though it is blatantly obvious that the owner instigated the whole thing and now has her old car on his forecourt?

She (and I) will basically see this through to the end as we know she is not the first to be ripped off by these guys.. We just basically need to know where we stand in a legal sense.

 

Many Thanks in advance for any help that you can give

 

Simon

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She bought it from a trader so SOGA applies. Sold as seen cannot be relied on by a trader as it could be deemed to be attempting to reduce or remove your statutory rights which is illegal. Exactly how long after purchase did the car break down and what is the status now? Depending on the answer, you may have grounds to formally reject the car but you must do it in writing. Alternatively, you could write formally to the seller asking him to rectify at no expence to you. In any event, you must give him the opportunity to inspect and if necessary repair BEFORE having any work done elsewhere. If he refuses, then you could have the repairs carried out and then pursue him for the cost.

 

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.

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The car started going wrong within days of getting it.. It wasn't the Car Sales Owner that did the deal though, just someone that works for him.. Does that make a difference? She has already given them the car once to "fix" where he just put new hose clamps on etc and put new HT leads on.

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As I see it (although you may want to check with CAB/Trading Standards) if the deal was done at a car sales site, then it is a trade sale especially as there was a trade in and the part ex'ed car is now for sale there.

 

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.

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Just found out the exact date was 16th October that she got the Golf.

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SailorSam what would she need to put in this letter to them? Could you give me a rough idea? For example; is there anything specific that she needs to quote/state?

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First off write a formal letter to the dealership marking for the attention of the salesman and include a copy of the AA report. List the problems with the car and state that as far as you are concerned, as the deal was completed on the premises of the dealer, it is a NOT a private sale. Invite them to rectify the listed faults which were present at the point of sale (they need to prove otherwise).

Give them 7 days to respond or you will consider A) Formally rejecting the car as being not fit for the purpose or B) having the required repairs carried out and then pursuing them for the costs. Send the letter by recorded post and keep a copy.

 

I suggest you speak to CAB before posting the letter though to confirm your position. This link may help;

 

http://www.adviceguide.org.uk/england/your_world/consumer_affairs/cars_buying_a_secondhand_car_e.htm#you_bought_the_vehicle_from_a_dealer

 

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.

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Turns out it is the gearbox that needs replacing on the car.. £1600 it'll cost...more than what the cars worth..Been onto trading standards and they're saying that even if it does get classed as a Trade Sale, she won't win because it'll just be classed as general wear and tear (even if its a gearbox????) and the seller wouldn't be liable or have to do anything to help?? This doesn't seem right to me..

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Dosn't seem right to me either. To me, a 'wear and tear' item is something that you would not expect to last the lifetime of the car such as a clutch, brake discs/pads gaskets etc. As far as i'm concerned, a gear box is not normally regarded as one of those. At the end of the day it would be for a judge to decide whether the seller is liable or not. Did TS pass an opinion on whether it was a trade sale or not as the deal was completed at a dealership who now have your part ex for sale on their forecourt?

 

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.

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Well we noticed that on the DVLA forms when they transferred ownership of her Peugeot to themselves.. They put the car sales business address on the form.. Which I'm thinking has maybe messed up their little plan of calling it a private deal...

I rang trading standards myself and now they're agreeing that a gearbox failing after such a short time will be classed as failing by them under the Sale Of Goods Act and they've told me (as you did) to write to them giving them 14 days to either replace the Golf for another one that is fit for purpose or to put her back in the position she was before the purchase (give her back her other car and she returns the money they gave her).

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