[uk] i've been had, where do i stand?

[Jhaedee]

Jesus christ guys! You aren't very good at empathy are you. Sure the OP could have shown more caution but if he's never bought a used car before maybe he didn't realise what he was letting himself in for. As for the solution, i'd try sorting things out amiicably with the garage that sold it to you but make it clear that if they don't respond fairly then they'll be forcing you to act in an unpleasant manner. It's up to them how they interpret this and don't misconstrue this, i'm not advocating violence or criminal damage but the garage wont know that for sure. When i say act in an unpleasant manner i'm basically saying make the guys professional life a living hell in the nicest way possible i.e. Hang around outside in your free time and make it clear to any prospective customers what the situation is, hell make some flyers to hand out. Just to **** off the guy even more, keep some copies of auto trader with you so you can direct people to alternative cars for sale. Or keep blocking the entrance gates to his place so no customers can get in and when he asks you to move it tell him its broken down or you dropped the keys down a grate ;)

Another alternative, though much more risky and unethical would be to simply bolt crop off the padlock on the front gate and take that with you, put a new one on the gate and just leave it unlocked with the gates open and hopefully he'll be burgled or the cars will be vandalised. Then because it would appear that he didn't lock the gates his insurance wont pay out and he'll essentially be stuck with all the crap to deal with by himself. Then next time hopefully he'll think twice before ripping someone off :devil: Yes i realise this idea isn't showing much empathy which is ironic given my opening statement but guys like the seller don't deserve it (from what we know).

But as i said, try and make it work out with him first, hopefully he'll help you out :)

[game_over]

Thanks guys, this has been really helpful. It is the first used car i've bought and i realise i've made a mistake, but i'm certainly not stupid... maybe they seen my inexperience a mile off? but that does not give them the right to rip me off. It was an urgent buy (as my previous car was beyond repair) and i went with a car i liked. It was described well, looked fine, i'm no mechanic i can only go off my own head, although in future i'll be taking someone who knows his stuff.

What i plan to do is contact them tomorrow asking them to pay for the repair, which i'll organise, send the recipts and agree a time scale in which i am paid, then they wont hear from me again.. and i'll be happy, if they decline (which they will, i now realise they are complete cowboys) i'll threaten to get trading standards involved as 'sold as seen' does not cover them in the slightest.

[game_over]

for anyone that may be interested, this is the car:

this is the damage:

water pourned into it's tank basically fell to the floor.

[Japlabot]

695 GBP for a car like that is too good to be true.

[alfaaqua]

you didn't test drive it or take it to a mechanic for a checkup before purchase??

and always test drive a car before you buy. Never buy a car by its looks.

How to you even buy a car without at least making sure it starts, or driving it....

Exactly. The law shouldn't cover outright stupidity.

I agree with all of the above. Sorry, but you deserve it. Next time, try it out a decent run and bring your dad so he can check it out as well. You learned from this expirence didnt you?

My advice? Resell it. At a cheaper price and at least you can get SOMETHING back....

i realise i've made a mistake, but i'm certainly not stupid

Im sorry but someone that didnt even do a decent test run on a used car as some stupidity in their head.

Hell you even do a test run on a new car just to see if it "feels right".

[AdzzzUK]

While the car was a bargain price, there's usually a reason for this.

That said, under trading regs he is duty-bound to put it right under the Sale of Goods act. Despite what dealers may tell you - there is NO SUCH THING AS SOLD AS SEEN!

I was recently stung myself and after arguing my point and - most importantly - keeping my temper in check - I got a refund. Know your rights. Be firm, and calm, and stand your ground.

Definitely good advice from others here - here's a few tips:

Autotrader have a "buying a used car" checklist - read it, print it, follow it. It shows you what to look for - just simply starting the engine isn't enough, you need to drive it and get a feel for it. Go over ever inch of the car inside and out. Check the bodywork. Check the fluids. Open the bonnet, check the fluids, the works.

Go back to the dealer with someone and stand your ground. He cannot possibly expect you to have the car, and he must - by law - sell you a vehicle that is "fit for purpose" and doesn't die within the first few minutes. He should also have ensured there was enough fuel in the car to at least get you to a petrol station - or at least given you a lift. If he'd have done that to me, I'd have demanded my money back there and then!!

Under the Sale of Goods act if a fault is found, he has 3 attempts to put it right. This also applies to cars. No-one would expect to buy a car and then immediately have to pay to put a fault right. They obviously think they can get away with trying their luck.

[acnpt]

In the advert it states 'runs and drives excellent'. You should definitely get your money back for that.

Just visit him, and offer the car back in exchange for the money, or repair, otherwise you will take legal action.

If he declines, you should send a letter by post(photocopied, and registered delivery).

If he still doesn't pay, get an AA or RAC inspection on the car and take him to the small claims court.

**Thats what I'd do, but I'm not a lawyer.**

[AdzzzUK]

I should add, I'm good friends with a senior solicitor for the local council and this guy knows a thing or two about trading standards (as he usually calls them in to shut places down) and your rights.

It's down to the seller to put the car right. I'd get it recovered by a tow-truck and get the car delivered back to the seller on the back of that. That's what I did ;) Greenflag offer recovery via a recovery company up to 10 miles for free if you get their roadside assistance. It is specific vehicles onl;y though, so if you don't already have this car covered, give them a ring (under no circumstances tell them it's off the road!!), get it covered, then ring back and get it picked up and moved a day or two later.

DO NOT pay a penny for repairs, it's not your responsibility - it's the sellers. If you pay to get the car repaired, he will not reimburse you. I guarantee you that.

[game_over]

I'm going to call tomorrow so i'll let you guys know the outcome. I'm 99% sure they wont be interested because they put the phone down twice when we phoned them back about it. The thing is i had no legal banter behind me and i actually thought 'sold as seen' covered them, as they probably think that too... hopefully they would be to happier refund me or repair it instead of getting contacted by trading standards.

I've checked the MOT and it failed 2 days before the pass certificate i have. It was passed at a different test centre, which could be dodgy. The free partial retest is only valid at the same test centre, so why would they bother paying for a full re-test at another test centre?

the MOT also says there is 168,467 miles on the clock, which is significantly more than 104,000 as advertised on autotrader. A good few years of driving on my part.

[acnpt]

I'm going to call tomorrow so i'll let you guys know the outcome. I'm 99% sure they wont be interested because they put the phone down twice when we phoned them back about it. The thing is i had no legal banter behind me and i actually thought 'sold as seen' covered them, as they probably think that too... hopefully they would be to happier refund me or repair it instead of getting contacted by trading standards.

I've checked the MOT and it failed 2 days before the pass certificate i have. It was passed at a different test centre, which could be dodgy. The free partial retest is only valid at the same test centre, so why would they bother paying for a full re-test at another test centre?

the MOT also says there is 168,467 miles on the clock, which is significantly more than 104,000 as advertised on autotrader. A good few years of driving on my part.

I'd speak to trading standards, before you speak to the dealer tomorrow. - Also visit in person, they can't hang up on you then.

Ask if you can get a refund for that, as you may have been mis-sold the car.

[AdzzzUK]

If they've hung up on you twice, chances are they'll just do it again.

You need to sort this face to face, as daunting as it sounds. Organise a lift down there, and pay for a tow truck to take the car there too. Get someone to go down with you too - your dad would be ideal. As I and others have said - get a clear knowledge of your rights, know exactly what you want to get (ie a full refund), and stand your ground. Be prepared to get tough, but don't lose your temper.

I hope it works out better for you. And definitely one to chalk up to experience - a harsh lesson learned I feel.

Even though the car was "only" £695, it should have actually been drivable - otherwise it's just an expensive cube of metal. And the mileage is a big concern - although I would ask why you didn't notice that when you checked the vehicle? Does the current mileage on the odometer tally with the MOT certificate??

[Dick Montage]

Look, no "you should have" from me, it's been said, you will have learned for your next car...

But now? 100% get on to trading standards ASAP.

[Sir Topham Hatt]

one thing i noticed is that on the recipt he has wrote 'sold as seen' which leads me to believe they knew exactly what was wrong with it?

That's probably right. It covers their back as then if you try and take any action, then He can produce the reciept which shows you bought the car as is.

Not the greatest of news I know.

I always try and do this when signing for goods from the postman, I will write "Unchecked" as then if there is a problem then I can clearly show I did not check the items before signing for them.

Trading standards or the CAB (Citizens Advice) may be able to help. You could try going round but you need to be professional and calm and not ask for anything over what is realistic. Perhaps ask for them to get the car to an MOT standard - in fact this may be your only saving grace as they surey can't sell you a car they know is illegal? But then sold as seen :/

[game_over]

That's probably right. It covers their back as then if you try and take any action, then He can produce the reciept which shows you bought the car as is.

Not the greatest of news I know.

I always try and do this when signing for goods from the postman, I will write "Unchecked" as then if there is a problem then I can clearly show I did not check the items before signing for them.

Trading standards or the CAB (Citizens Advice) may be able to help. You could try going round but you need to be professional and calm and not ask for anything over what is realistic. Perhaps ask for them to get the car to an MOT standard - in fact this may be your only saving grace as they surey can't sell you a car they know is illegal? But then sold as seen :/

you must have missed the rest of the thread, the phrase 'sold as seen' is invalid and doesnt hold anything. which is great news as thats their only defence

[Sir Topham Hatt]

Yeah, just checked it out.

I wonder if that works with signing for goods then :s

Good advice given in the thread though (Y)

And OP, don't worry too much about it. I paid over the odds for a car once and I didn't even know what I was doing. I just paid the money, didn't even barter on the price at all. I was such an idiot. Be thankful that now you have learned the lesson :)

[YaZoR]

I hope the financial loss isn't a big deal and that you can recover from it no biggie. =)

If not, an expensive lesson you will not forget. =( (on the premise that the dealer is a total fukwad and you don't get any cash back or a working motor).

[Martyn]

If the engine has been overheating for a prolonged period of time (seeing as the water pipe has snapped off this seems likely) then there is likely to be excessive engine damage even if it is not that apparent now.

Plus, the fact that the MOT history checker shows the car has done 168,000 miles (and it is now showing 108,000) kind of indicates something dodgy with the person you bought it off.

I wouldn't even attempt to keep the car - just get your money back and treat it as a lesson learned.

[game_over]

I called them this morning and explained what had happened, whoever i was talking to (a different guy) was much nicer, he said when the mechanic gets in he will get him to give me a call.

Whether they do or not remains to be seen, i'll give them a couple of hours and try again.

[Axel]

I called them this morning and explained what had happened, whoever i was talking to (a different guy) was much nicer, he said when the mechanic gets in he will get him to give me a call.

Whether they do or not remains to be seen, i'll give them a couple of hours and try again.

It sounds like quite a lot of dodgy stuff is going on with the car. Even if they offer to repair it you could still end up with problem after problem after problem. I'd settle for nothing less than a refund personally and if that isn't a viable option I'd go the route of small claims court and pay the nominal fee to get it all set up.

From the information given (especially the rolled back odometer and dodgy test centre shenanigans - not to mention your basic consumer rights) you have a pretty good case.

http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm

https://www.moneyclaim.gov.uk/web/mcol/welcome

That second link lets you set it all up online. Hope this helps and best of luck!

[Dick Montage]

I called them this morning

NOT trading standards then? Why?

[Crompee]

Weither they seem to be sorting it or not, you need to get a letter sent to them asap stating exactly what happend via recorded delivery. You only have a short time to inform them and if you take it to court, phone or face to face contact can be denied.

[game_over]

NOT trading standards then? Why?

I want to see what they have to say first. If they decide to co-operate should i still be involving trading standards?

[MR_Candyman]

I want to see what they have to say first. If they decide to co-operate should i still be involving trading standards?

always a good idea to let them know so they can keep a tally of issues with a company. Not only that but if things do go downhill with your experience you have that issue already started, which gives your claim more credibility.

[Dick Montage]

If they decide to co-operate should i still be involving trading standards?

100% yes! As a consumer, you have (imho) a duty to other fellow consumers to not let this company do the same.

Think about it this way... You surely do not want them to "fix" this car (it WILL have ongoing issues), so you want a refund. This car will then simply go back on the forecourt and another customer will buy it.

[game_over]

100% yes! As a consumer, you have (imho) a duty to other fellow consumers to not let this company do the same.

Think about it this way... You surely do not want them to "fix" this car (it WILL have ongoing issues), so you want a refund. This car will then simply go back on the forecourt and another customer will buy it.

agreed, thanks.