car broke after 70miles of driving ***Resolved***

[msd26129]

brought a corsa cat c repaired (was damaged in 2013 passed vic test)

form a dealer who advertised the car as a cat c repaired car

 

 

obviously price reflected the fact the car was a cat c fully repaired and had an mot in feb and on the road before this dealer got it

 

 

.. i paid cash for the car

garage gave me an invoice

on the invoice he wrote no warranty

dealer delivered the car to me no issues.

car had to be parked up for 2 weeks as i didn't want to lose a month when i taxed it .

 

 

the day came when i taxed it j

umped in car driving around

after about 50 miles there was a terrible noise coming from gearbox.

 

 

took car to be checked the next day at an independent place

who gave me the bad news the gearbox was shot worn bearing.

 

called the dealer to explain this and to get this sorted straight away

he said no warranty car sold as it is was not prepared to do a thing

 

 

after numerios calls they finally said they would pay half towards the repairs .

. obviously i have looked for advice

. and the advice i have been given is the dealer has to either repair the car as its not fit for purpose due to the sale of goods act.

and if he refuses then i can reject the car for a full refund ,

 

 

i have said this to the dealer who has said that's not the case as they knocked 500 off the screen price when we was haggling ???

 

bear in mind this car has only done 70 miles since it left the dealership thats including delivery .

 

HELP any help and info with this would be appreciated

[rebel11]

Hi msd

 

Welcome to CAG

 

How did you pay for it?

[msd26129]

car was paid with cash £500 deposit then £5000

[rebel11]

How was the £5000 paid?

 

car was paid with cash £500 deposit then £5000

[msd26129]

this was cash also

[rebel11]

Have a read of the following:- http://www.norfolk.gov.uk/view/NCC094699

 

The best thing to do is to communicate in writing only, send letters Recorded Delivery.

 

http://www.which.co.uk/consumer-rights/problem/the-second-hand--car-i-bought-has-a-problem-what-are-my-rights

 

http://www.which.co.uk/consumer-rights/action/letter-rejecting-a-second-hand-car-bought-from-a-dealer

 

Paying by credit card would have offered you some protection if things go wrong.

 

The fact that he's discounted the car is very kind of him.

[msd26129]

so because i paid with cash im stuffed then ?

[msd26129]

and because we haggled 500 off the screen price ??????

 

so am i not covered by the SOGA ??

[rebel11]

I was being sarcastic, it's irrelevant. Have a read of the first link posted.

 

and because we haggled 500 off the screen price ??????

 

so am i not covered by the SOGA ??

[DragonFly1967]

and because we haggled 500 off the screen price ??????

 

so am i not covered by the SOGA ??

 

You're still covered by the SOGA, I think what rebel was driving at, is that if you'd paid on a Credit Card, you could have instigated a Chargeback via the CC company.

[Conniff]

You should contact a gearbox specialist for a diagnosis and quote, not a garage.

 

 

A bearing being shot doesn't necessarily mean the gearbox is shot, only an internal examination can confirm that.

[msd26129]

well after days of phones calls and ranting the dealer have said bring the car back and they will fix it , im not very comfortable with this but im guessing i have to give the dealer the opportunity to fix the car . or can i take it get it fixed else where and then bill the dealer ??

[rebel11]

Unless the dealer says 'yes' to that I don't think so, also you would have to take him to court to get your money back.

 

well after days of phones calls and ranting the dealer have said bring the car back and they will fix it , im not very comfortable with this but im guessing i have to give the dealer the opportunity to fix the car . or can i take it get it fixed else where and then bill the dealer ??

[msd26129]

so the option is let the dealer sort the issue i already no the car needs a recon gearbox what if the dealer bodges it i have the car back then couple of months down the line it breaks again where do i stand then ?

[Conniff]

The regulations say you must give him a chance to repair it. He would have to agree to you taking it elsewhere and him paying the bill, you can't just take it and present him with a bill. You have to mitigate the costs.

[DragonFly1967]

so the option is let the dealer sort the issue i already no the car needs a recon gearbox what if the dealer bodges it i have the car back then couple of months down the line it breaks again where do i stand then ?

 

As coniff has already said, it could be the bearing, which wouldn't need a recon gearbox. However, and for piece of mind, note the gearbox serial number before you take the car back to the dealer. Take time stamped photos if you can. That way, if the dealer claims to have installed a reconditioned box, the serial number would be different

 

Have a look at THIS PAGE and it will tell you where to look for the serial number

[Guest]

You're still covered by the SOGA,....

 

eg http://www.tradingstandards.gov.uk/cgi-bin/glos/con1item.cgi?file=*ADV0003-1011.txt

[Conniff]

By letting him repair, you have not relinquished your right to reject.

[msd26129]

well after speaking to the dealer and both speaking to cab on the phone on speaker cab confirmed what you are all saying and he heard that too from then and still he was insisting that he sold the car as a "trade sale" due to him knocking £500 off the £6000 screen price and writing no warranty. at one point cab where also saying that because it was a trade sale (which there was no mention of and im not even in the trade) that all faults and problems move with the sale ??? but once explained that i wasn't in the trade and i wasn't aware of "trade sale" cab then informed the dealer it is a criminal offence to do something .. and even tho i had signed on a trade sale invoice i can not sign away my statutory rights and that i was still covered by the sales of goods act so either repair the car or issue a full refund

 

even after that conversation the dealer still wasn't playing ball .. but after about half hour of talking and making sure his other customers could hear and see there was an issue he agreed to repair the car . so we shook hands and agreed ..

 

hopefully he will keep to his word but after the week i have had with him i doubt it but lets see

 

i would like to say thanks to everyone who has given advice so far it has been a great help

[Conniff]

It's true. You can sign in front of witness 'I hereby give up all my statutory rights' and have hundred witnesses sign it as well, but no court in the land can uphold that. The law says 'your statutory rights cannot be taken away from you'.

 

 

This seller thought he had found a way around the regulations, there isn't one.

[rebel11]

Well Done, update when he's carried out the repairs.

[rebel11]

Hopefully it will stop him trying it on with other customers.

 

It's true. You can sign in front of witness 'I hereby give up all my statutory rights' and have hundred witnesses sign it as well, but no court in the land can uphold that. The law says 'your statutory rights cannot be taken away from you'.

 

 

This seller thought he had found a way around the regulations, there isn't one.

[msd26129]

yeah it makes you think just how many other people he has done that too who just take what he says without checking .

[msd26129]

jus5t a quick one how do i determin what a responsible time is for him to have the car to do the repairs

[Conniff]

Really we are talking in hours, but say 1 day to remove the box, 1 day to take it to a gearbox specialist, 1 day for them to repair, 1 day to fetch the box back and 1 day to refit, that is stacks of time. You can give the same timing for going to the scrappy and getting a box from there. Round it all up, including coffee breaks, 10 days should be the max.

Edited November 1, 2014 by Conniff