Used car dead 20 mins after purchase

[MotorMug]

Hi All,

 

I think i have no hope but wanted to ask.

 

I have purchased a used car from a dealer ( so called, advertised as dealer and held log book as dealer but sold from home ) on Autotrader.

I had a friend of mine go and check the car for me, he took it for a test drive etc and all seemed well.

We went and collected it, filled in all the paperwork etc and drove away. Twenty minutes later the temp shot right up and we had to pull over, engine was boiling, AA attended and had to tow us home.

 

Mechanic says a new head gasket is needed and that the car has a bottom end knocking ( ive no idea what this means ) and the engine, even if the head is repaired, has a few months in it at best.

 

I contacted the sellar, who initially told me to get lost, i told him id taken legal advice etc and he agreed to get the head fixed, but only at a garage of his choice ( a mate probably ) and we would have to transport the car the 50 miles to the garage.

 

I want a full refund, he has withheld the advisory notice from the MOT, i have taken the car to another garage who said it would never have gone through an mot, yet he has a certificate from 11th June 2010.

 

Is there anyway i can back him into a corner to get a refund , he has written sold as seen all over the reciept and currently has other cars on autotrader listed as a dealer.

 

Thanks

 

J

[Surfer01]

Make sure the tax man knows that thsi person is dealing from his backyard. under SOGA you have every right to return the car for a full refund.

[MotorMug]

Update - Checked the advisory and MOT History

 

Advisory notice which was not supplied at sale listed the following

 

Advisory Notice issued

Nearside Rear Brake pad(s) wearing thin (3.5.1f)

Nearside Front Anti-roll bar linkage has slight play in a ball joint (2.4.G.3)

Offside Rear Parking brake Your vehicle has only just met the required park brake efficiency. It would appear that the braking system requires adjustment or repair. (3.7.A.10)

Offside front wiper smearing slightly

Handbrake has travel

[Conniff]

A rejection 'must' be done in writing, so send it to him via recorded delivery.

It is up to him to collect it.

 

Sale of Goods Act 1979(amended).

 

Your address

Company/ supplier address

 

Dear

 

(Car make/model/reg number)

 

On (date) I bought the above car. I have discovered that the car has the following problem:

 

(add details and dates).

 

The Sale of Goods Act 1979 makes it an implied term of the contract that goods be as described, fit for purpose and of satisfactory quality. As you are in breach of contract I am rejecting the car and request that you refund the sum paid to you of (£xxx).

 

I also require you to confirm whether you will arrange for the car to be collected or will reimburse me for the cost of returning it.

If I do not receive your satisfactory proposals for settlement of my claim within seven days of the date of this letter, I intend to issue a claim against you in the county court without further reference to you.

 

Yours sincerely

 

Sold as seen has no meaning in law and if it is being used to take away/reduce your statutory rights, is a criminal offence.

Edited June 21, 2010 by Conniff

[jelly-82]

hiya, my partner also bought a used car from a dealer selling on autotrader, although the car was bought from his work premises. There was a known issue with the vehicle which the dealer agreed to repair before purchase, this was back in feb and the car is still with the dealer (returned 4 times) hes now had it 9 weeks and has not even had it looked at. We have wrote to him several times and got nowhere, we sent the forms in for small claims today. Makes me soooo mad that these jerks can sell junk and call it a business.

 

Get as much evidence as you can, just in case, try to get all your future agreements in writing. Hope your dealer is not as bad as this git, grrrr

 

p.s, dealer on autotrader, not from dewsbury is he??? lol

[Conniff]

I would drop a letter into them giving them 7 days to complete the repair and return it to you. If they say they can't, then tell them you want it back anyway and take it somewhere else for repairs and send them the bill.

[sailor sam]

Agree with Conniff's letter in post #4. Send it and stick to it. No point messing about because according to the AA guy, the head gasket is the least of your worries.

 

Reject 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.

[macatac]

Write and ask for full refund under sales of goods act 1979 and tell them you are rejecting the car. If you get no satisfaction i would start proceedings in the small claims court as i have done recently.

[Jimbo-Jones]

If another garage has said it should have never had an MOT issued less than a Month ago then report the matter to VOSA too.

 

If the dealer is getting Hooky MOTs from a mate then they could be potentially selling cars that are dangerous (if they dont go bang first)

Edited July 9, 2010 by Jimbo-Jones
speeling

[heliosuk]

Remember you can't use the MOT advisories as they are as said, advisories and not failures, just a warning that things will more than likely need attention before the next MOT.