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Tom154

This vehicle is sold as a trade sale with no refunds - oh no its not **WON**

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Posted (edited)

Hi

 

Family member has recently purchased a car for around 6k (bank transfer) from a trader in South London after having her old car t-boned and written off - One man band sort of trader, registered as private limited company at companies house. Car was road tested for about 25 mins, no obvious issues.

 

Within 2 days of buying the car, the vehicle started having non start issues - it's a semi-auto, with button ignition, - basically a different starting method to what she had been used to before so we thought it was just teething problems getting used to how to do it.

 

A day or so later there was no getting it going at all, so green flag were called, who also couldn't start it and towed home.  She got it booked into a garage a few days later, and upon them checking it out, lo and behold the car started with no problem whatsoever and the car was returned with no work carried out.

 

Of course, over the weekend, the intermittent non start issues have returned, with green flag being called out yesterday - after half an hour and without any work being done on it, it started no problem and she was escorted home.  It is now non start again at home clearly with some issues, albeit intermittent, with possible question marks around the brake booster in the vehicle.

 

Anyway, to move the story on, when she got the car, there was a 6 month complimentary warranty provided and having had a phone conversation with the trader, he has advised her to deal with them directly regarding the repair.

 

He referred her to the footer of the the sales invoice issued that had the following wording on it, (with her dated signature).

 

"I certify that i am the buyer of the above mentioned vehicle at the price stated.  I acknowledge receiving delivery of the vehicle described above.  

I have been given full opportunity to examine and trial the vehicle and its condition.  This vehicle is sold as a trade sale with no refunds, no warranty implied or given by xx company name xx."

 

So basically, i'm asking does that mention of "no refunds" affect anything in respect of the CRA 2015.  We were just looking for a little guidance, and perhaps a bit of signposting as to best course of action.  She's so demoralised with the whole affair and would prefer to go down the line of returning it, if that is an option.

 

Any help much appreciated and welcomed.

 

(Apologies for any unintentional etiquette breaches in my post)

 

Thanks

Tom

 

 

 

 

 

 

 

 

 

Edited by Tom154

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Hi Tom

 

Welcome to CAG

 

Any warranty given is in addition to your consumer rights from point of sale and never superceeds your consumer rights.

 

The issue you have from what the company has refered to that you signed is not just the no refund but importantly it states 'Trade Sale'.

 

Have you checked the documentation sign for that vehicle by this trader and does is say 'Trade Sale' & 'No Refund'.

 

With the vehicle what is the:

 

Make?

Model?

Mileage?

Year of Manufacture?

 

What checks did Green Flag do on you vehicle? (do you have documentation from them)

 

Who is the Trader? if you don't want to name them here you can PM a Site Team Member.

 

Please be patient I am sure other will be along to assist

 

 

 


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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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9 minutes ago, stu007 said:

Hi Tom

 

Welcome to CAG

 

Any warranty given is in addition to your consumer rights from point of sale and never superceeds your consumer rights.

 

The issue you have from what the company has refered to that you signed is not just the no refund but importantly it states 'Trade Sale'.

 

Have you checked the documentation sign for that vehicle by this trader and does is say 'Trade Sale' & 'No Refund'.

 

With the vehicle what is the:

 

Make?

Model?

Mileage?

Year of Manufacture?

 

What checks did Green Flag do on you vehicle? (do you have documentation from them)

 

Who is the Trader? if you don't want to name them here you can PM a Site Team Member.

 

Please be patient I am sure other will be along to assist

 

 

 

 

Hi Thanks for the reply. 

 

It's a Toyota Auris 31k mileage, 61 plate, (late 2010). The trader is ST Motor Group Mitcham Surrey.

 

I don't mean to sound a bonehead but what do you mean in respect of the doucumention sign for the vehicle and if it says "trade sale and no refund"

 

I've got the paperwork to hand here but it doesnt let me pm as i havent made enough on the forum apparently..

 

She's got the green flag paperwork, attended by my old company actually, but its very sparse, literally just the green flag breakdown codes and outcome codes, no write up as such.

 

Tom

 

 

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Does the documentation that they signed for that vehicle state those as it is important if it did state 'Trade Sale'. 

 

Was it explained by the Trader that the vehicle if purchased was as a 'Trade Sale'?


How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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19 minutes ago, stu007 said:

Does the documentation that they signed for that vehicle state those as it is important if it did state 'Trade Sale'. 

 

Was it explained by the Trader that the vehicle if purchased was as a 'Trade Sale'?

 

I've enclosed the p/w she signed  and no she had no explanation.

 

Thanks for your help here..

 

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had to remove your upload

please redact ALL id numbers like vin reg etc

and use PDF only

read upload

 

just to put your mind at rest

this is a very old dodge that traders used to use

they CANNOT do a trade sale to a member of joe public.

 

she is fully covered by cra short term right to reject.

which should be a full refund as its gone south within 30days and she has told the trader as such.

 

 

 

 


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Sorry didnt think to read the upload guidelines, apologies..will go through them now for future so i dont post anything untoward.

 

Is there a recommended template perhaps for a letter or is an informal email to the guy best way to start things off ?

 

I think the chap may try to shirk his responsibilities especially  if as you say that they cant do a trade sale to public. 

 

 

 

 

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Bit of an update on this gents..

 

Co-incidentally,

whilst checking a few bits today regarding the car, i came across some information that there was 2 outstanding safety recalls from Toyota for her vehicle dating back to Feb (way before she bought it). 

 

A quick call to c.a.b as i wasnt online at the time ended up with the adviser reporting them to trading standards locally to where they are, as apparently not only was the wording on the sales invoice an issue as she wasnt a trader, but apparently also selling a motor with outstanding recalls against is a big no-no aswell..

 

So with new confidence, i rang the chap up, armed with  info found on this cracking website, and with nearly every possible answer to whatever he was going to try to use to swerve things,

 

lo and behold, he is going to coming round in the next day or so to collect and to refund via bank transfer face to face. 

 

I'll be keeping on top of him to make sure he contacts me again tomorrow to confirm etc, but fingers cross it's moving to a conclusion.

 

Thanks all.

 

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too right keep on him

hope TS do something too

 

the selling as a trade vehicle = no return...was on watchdog rogue traders several times.

I believe one lot got very heavily fined for doing it twice even after the first warning.

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Final update..

 

The trader came to collect the car yesterday - to say he was rather sheepish is an understatement as he returned the £6+k.

 

Thank you for the replies here - the confidence and direction you gave us made all the difference.

 

Genuine genuine thanks.

Tom

 

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glad to help tom.

topic title updated

 

please consider a donation to keep  us here.

 

dx

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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