Another car tale {mis sold}

[David MaC]

Hi

Last week i bought a Shogun from a private seller for the intent of useing it for work,I live 29 miles away from the place of work,{He did state that the car was very able to take me to work and back withnout any problems,

Bought it last weekend, Insured it on the monday,used it on the monday night,Returning from work the car lost its power and would not drive above 35 mph blowing out lots of smoke ,a total of 65 miles altogether,

I inform the seller who said he was a mechanic, He took the car back ,said he worked on it friday and cant fix it as he dont know whats up with it, He also said that the exaust had broken in 2 and he had weilded it back up,He also stated that as the car had not been used much and there would be a bit of rust on the discs ,I have since descovered that it is infact a warped disc I have left the car there and have asked for a refund,I have sent him a letter stating my case

I feel i have been mis sold the car as its clearlly not fit for purpose

am i right in thinking that as he has done some work on the car its his responsbilty to get it sorted ?

The car has been mis sold due to fauilty brakes

and do you think i have a good chance in the small claimes court ?

Thanks in advance

Edited April 29, 2013 by David MaC
spelling

[sailor sam]

Your only comeback on a private seller is if the car was deliberately falsely advertised. Are you 100% sure it was a private seller?

 

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.

[David MaC]

Hi Sam.Yes he is a private seller and having warped disc will come under faulty brakes ,,

Found this on the citizens advice,, office of fair traiding

A vehicle is unroadworthy if using it would cause danger to the driver, passengers, other road users or pedestrians. Common signs that a car may be unroadworthy include:

• headlights that don’t work
  
• faulty brakes
  
• cracked wing mirrors
  
• worn out tyres
  
• seatbelts that don’t work properly
  
• a faulty exhaust system
  

You Guys know more than me ,what do you think?

[David MaC]

Found out today that the seller has his own workshop and repaires car,,,gets cars ready for mots, He works 3 days a week,as he gets payed for the work he is doing ,cash in hand ,would that change anything?

[David MaC]

UPDATE

The seller has said he will not do any more work on the car and claimed he had welded up the exhaust and wanted the car moving from his site, The car was put on a trailer and taken to a M.O.T Station for a written report on the road worthiness of the car,

The loss of power was down to the cam belt slipping, the seller said the cam belt was good for 15000 miles {the garage did unauthorised work on the car replacing the cam belt and are charging £370,How do I stand with that?}

They also checked the brakes ,and said they were in a very dangerous condition quoted £200 to fix

and to top it all the exhaust needs welding ,I cant seem to put in the link from cab,

Whats your views please

[sailor sam]

Found out today that the seller has his own workshop and repaires car,,,gets cars ready for mots, He works 3 days a week,as he gets payed for the work he is doing ,cash in hand ,would that change anything?

 

Probably. Was he listed as the RK on the V5 of the car you bought?

 

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.

[sailor sam]

UPDATE

The seller has said he will not do any more work on the car and claimed he had welded up the exhaust and wanted the car moving from his site, The car was put on a trailer and taken to a M.O.T Station for a written report on the road worthiness of the car,

The loss of power was down to the cam belt slipping, the seller said the cam belt was good for 15000 miles {the garage did unauthorised work on the car replacing the cam belt and are charging £370,How do I stand with that?}

They also checked the brakes ,and said they were in a very dangerous condition quoted £200 to fix

and to top it all the exhaust needs welding ,I cant seem to put in the link from cab,

Whats your views please

 

You shouldn't of paid it. You should of told them to bill the seller.

 

I can see this going to court so keep all invoices and copies of letters. It seems from your previous post that the seller is a trader which will bring you under the SOGA. You need to decide how you want to pursue this. You can either have the car repaired and pursue the seller for the cost (after writing to him formally giving the opportunity to rectify himself), or reject the car and ask for a full refund plus any consequential losses.

 

But be prepared for a lengthy court claim in both options.

 

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.

Edited May 19, 2013 by sailor sam
Signature not appaering