About to battle a car dealer Help!!

[sailor sam]

ok firstly you shot yourself in the foot having the head gasket done. You should of demanded that the seller sorted it out or you could of rejeceted there and then.

 

Having said that, it seems to me that the seller sold you an un-roadworthy car in the first place with a broken coil spring. personally, I find it a bit strange that someone would buy a car with that fault.

 

The outcome of this will depend on documented evidence. Have you got the following; the advisory MOT notice you mention, a copy of any advertising for the car which details it's condition. Also, have you had an HPI check done to see if it has the 'smash' recorded as a write off? How old is the car and what make is it?

 

As for SOGA the dealer is correct but depending on the points I have raised, you may still be able to bring a case against the seller.

 

__________________

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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.

 

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[sailor sam]

Thanks for that.

 

The only reason I got it done was because I was fed up with his garage wasting my time, I wasnt aware of my rights and I thought it may have been wear and tear (being unaware of the accident at the time)

 

I have had a HPI done and it shows nothing, can get the MOT proof and proof of repairs/damage. Do you think autotrader can provide me proof of the ad?

 

He assured me the coil spring was minor and would be fixed asap which it was (at my cost tho) so I was ok with that. For the price, I didnt mind at the time. I also wouldnt have minded the head gasket as said before if it was wear and tear but now I have realised that it is due to an accident,I do not see why I am footing the bill.

 

__________________

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 professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

 

 

The car is a 2004 seat ibiza 1.2 40000 miles.

 

Rubbish! If it wouldn't pass an MOT then the dealer broke the law selling it because it was deemed to be un-roadworthy. But thats OK because YOU paid to have it fixed. I'm beginning to think the seller saw you comming.

Why would you pay to have work done on the car which needed doing when you bought it?

 

As far as Auto Trader is concerned, you would have to ask them but without SOGA to rely on, you will need as much evidence as you can get. You will have to base any claim on finding out that there were pre-purchase issues (MOT advisory notice ect) out side the 6 month period whic SOGA applies. The way the car was adversised will be relevant.

[sailor sam]

I agree... 40K and a blown head gasket + the other problems = dodgy motor.

 

__________________

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 professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[sailor sam]

Ok, you now got some amunition. Write to the seller stating that you have become aware that the car has been involved in an accident which you wasn't made aware of. Also that you have become aware of an MOT advisory notice stating that the airbag was faulty which you hadn't been advised of. Indicate that you have obtained a copy of the original advert which most definately indicates that the car has a 'driver's airbag' and 'airconditioning', both these items you are now in a postion to prove they did not work when you puchased the car. You should also point out that the car should not of been sold with any defect that rendered it un-passable for an MOT, such as a broken spring. You also reserve the right to investigate the 'un-usually low mileage' which, given the faults puts this in some doubt. Therefore, you are now seeking a full refund of the original purchase price and wish that the seller recovers the car from you within 14 days. Failure to do so will prompt you to consider recovery through the small claims court in which you will be adding interest to the claim which will also include all court fees. Send by recorded delivery (unless you want to run it by your solicitor first), keep a copy. Be prepared to actually take this to court so I would certainkly get the opinions of a solicitior first. I'm not sure you can claim for the head gasket repair because it would appear that you arranged the repair yourself. Also, i'm not sure you can rely on SOGA in respect of the time scale which is 6 months, but you could argue that the main issues were not discovered until recently and you can prove that the faults existed at the point of sale.

 

__________________

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 professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[sailor sam]

Thats more like it - its been a hard slog and probably will get harder but im seeing this through to the end. Does SOGA still apply as it was less than 6 mths ago?

 

Ive also contacted VOSA who are sending the MOT and mileage details to their Regional Intelligence Unit who are going to investigate it further.

 

Sorry yes, I miss-read that bit of your original post. SOGA will still apply.

 

Personally, I would of not involved VOSA at this stage. The 'suggestion' to the seller (as per my advice in my previous post) that you reserve the right to do so may have been enough to get him to settle.

 

__________________

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 professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[sailor sam]

just double check your invoice and make sure that youdidnt buy the car as an unroadworthy vehicle as that would scupper your claim. very easy for a dealer to do and you are stuffed

 

The dealer can put what he likes on the invoice but that dosn't mean it would mitigate or replace the OP's statutory rights thus would 'scupper' the OP's claim. The dealer cannot lawfully sell an un-roadworthy car in the first place. 'Sold as seen' is not a legal term and would not be recognised under SOGA or more importantly, by a court of law.

 

__________________

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 professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[sailor sam]

Get your point flub but the car wasn't sold as un-roadworthy... far from it.

 

__________________

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 professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[sailor sam]

What did your solicitor say welli?

 

__________________

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 professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[sailor sam]

solicitor had said it was a clear cut case, got a call the next day and he offered me the costs of all my repairs. I accepted this and was happy.

 

However, I am now trying to sell the car and more has come to light - apparently the car has had loads of repairs to engine and body that are not done very well. I am seeking the dealer to either buy back the car or give a refund now. Where do I stand on that?

 

Not very well I would of thought as your'e now outside the 6 months protection period provided under SOGA.

 

How did these other faults come to light? Has the dealer sorted out the previous faults?

 

__________________

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 professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[sailor sam]

You could now say that since excepting the dealer's 'offer', other faults have come to light so your position has changed and would now like to formally reject the car unless the other faults are dealt with as well. Run it by your solicitor first.

 

__________________

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 professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[sailor sam]

The dealer says im trying to shaft him now and thinks he can buy the car back at current market value. Im looking for a full refund now obviously minus depreciation of the mileage i have done etc. If the car cost £2495, What is a reasonable figure to ask for?

 

Also, would SOGA still not apply as its six months on 26th July?

 

You also need to consider the hassle/inconvienience to your self so when making the calculation. After considering that, you need to check the forecourt price at the point of sale and compare it to what it is now.

 

Sorry, I miss-calculated the dates!

 

__________________

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 professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[sailor sam]

If you intend to reject the car, you should'nt use it anyway. Personally I think that will be your ultimate option in this.

 

__________________

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 professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[sailor sam]

I can't see how you have 'chosen to ignore his help'. Your claim (should it be necessary) will be based on the fact that the car was knowingly sold to you with a broken coil spring and as such would not have pased an MOT. You may also add that the seller has failed to arrange a satisfactory repair unitll threatening legal action. And that other faults have come to light in addition to the original faults (inc A/C, airbag light ect).

 

In view of these facts, you have no confidence in the seller or his abillity to make good the car which gives you no option but to reject it.

 

A word of warning; by un-insuring it, you run the risk of being liable for any loss or damage to it while it is still in your posession untill such time the seller recovers it from you. As far as the full tank of fuel is concerned, cannot you pump it out?

 

__________________

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 professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[sailor sam]

I assume you made this clear in the letter you sent him. Did you also mention a time scale of giving you your refund? You will also need to take the reg doc with you (V5) and give them the 'new keeper' part.

 

__________________

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 professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[sailor sam]

You say the previouis owner confirmed the accident damage. Can you get her to put this in writing to you in the form of a statement? do you know where the car is being inspected? If yes, have you contacted them directly? As for the aircon, in my opinion consumer direct are wrong. If it was advertised as having aircon then surely it should be working? Otherwise they could advertise it as having all sorts of gadgets which don't work. Sorry, that aint right.

 

If you can get something from the previous owner (keeping it quiet from the seller), then you should have sufficient evidence.

 

__________________

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 professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[sailor sam]

Dealer told me that trading standards had told him that anything from a previous owner would be hearsay and thrown out in court.

 

The inspection was done by the garage that the dealer uses for repairs. He wont let anything go when I asked and I had also questioned whether he could do that as it may have been biased but consumer direct said he could.

 

Rubbish. Only a judge can decide what gets thrown out in court. If the previous owner makes a statement (or better still is willing to attend court), that will be considered by the judge as evidence. Have you asked trading standards yourself?

 

__________________

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 professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[sailor sam]

If I add the car to costs its about £3295 and thats not including days off work, insuring and taxing another car,etc but Im still happy to settle for a refund of the car. He isnt budging though so need something very good to get him with

 

I'll repeat my advice; contact the previous owner again and ask for a statement confirming the accident damage ect. Make sure that the seller is unaware of this. If and when it goes to court, you can present this as evidence. Also, make a note how the seller attempted to reduce or remove your rights by asking you to sign that document because you can bring this into play as well.

 

__________________

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 professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice useful.

 

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