***help - sold a dodgy car from a garage***

[P_Murtagh2003]

Hi all,

 

I'm new to all this so please keep with me!

 

In May I seen a car advertised on the internet, contacted the garage to ask them questions and was told the car was perfect apart from some laquor peeling off the front bumper. I called 2/3 time confirming this as the car was a 3.5 hour train ride away from where I live.

 

Upon arriving I noticed more dings and other little issues including squeeking from the front end and was told this was because the ash cloud had caused the joints to dry so needed a little oil, but overall the car seemed fine. I was sold it with 2 weeks tax and a 12 month MOT.

 

I got 15 mins down the road and the ABS light came on and wouldnt go off so I called the garage and was told to keep going home and have it looked at and they would sort it. Upon arriving back home the power steering went and the airbag light was now also on. Again I was told to get call out assistance and if there was anything wring they would sort it - turned out to be the AUX belt.

 

To try and keep it short for, knocking started in the front along with the squeeking. I spoke with one of the owners and he was really good but then told me the car was sold as 'unroadworthy' and this was on the sales invoice (which I did not notice and was never pointed out to me as I was told the car was perfect). He offered me either the money to cover teh work (as I managed to sort the airbag issue out without cost!), return the car for a refund or exchange. I decided to go for the repair but was still waiting for the money 2 weeks later and 2/3 calls each day.

 

I then spoke with a manager who said I was never offered that and it became a little heated and I did blow my lid. He said the calls are recorded and said he was going to call the police and trading standards and put the phone down.

 

I tried calling back but they would not listed and kept putting the phone down. I then noticed a mobile number on their website so called that and I was passed to the manager who pretended to be the owner. It was only when I confronted him with this that he said he is the manager, he had called the police and TS, stop wasting their time and put the phone down. I emailed them through their website to advise I would give them until the end of the day (yday) before I take matter further - No contact!

 

Do I have a leg to stand on as I would like to return the car for a full refund and if poss loss of earnings as I have lost circa 7-10 days work with all the calls and running around taking the car to garages etc.

 

Sorry to go on and on!

[wheelergeezer]

1st off, major alram bells would have gone off with me at the mention of the ash cloud! LOL. I am amused as to why THEY have called trading standards. Normally all faults with a car within 6 months are deemed to have existed upon purchase. However, in your case the receipt says 'unroadworthy' and with that I think you have no hope of winning any court case at all. I would certainly report it all to trading standards and to the magazine where the advert was placed, both in writing. But other than that I think you are stumped.

 

We have all been ripped off at some point and the hardest thing to do is to let go sometimes. If the car is now working, fine. If not I would either fix or sell depending on value and costs. Move on. Life is too short. That is only my opinion. Others may see it diferently, but the recipt with 'untroadworthy' is your downfall IMHO.

[P_Murtagh2003]

Thank you for your post. I was thinking that the car should not have been advertised and sold with a 12 month MOT if it is invalid due to being unroadworthy. I do not think this is the first time they have done this as the owner wasnt supprised when I mentioned to him that the sales guy had not ever mentioned that the car was unroardworthy. I cannot ever remember seeing this on the invoice and it could have even been covered up.

[wheelergeezer]

Was the date of the MoT the exact same date of the sale? If so you have case. if not you don't as the MoT simply means that it was roadworthy at the time of the test.

 

I would be calling VOSA to report the MoT station if it was very near (datewise), because it is unlikely that the car would pass and be unroadworthy within days.

 

How much was the car and did you do an HpI check to see if it has been written off? Did they tell you it was Hpi clear?

[P_Murtagh2003]

Double checked and its not a 12 month as I thought. However I though under the SOGA, the car has to be fit for purpose and if it is un-roadworthy I should have been fully informed and never allowed to drive the car away. Also I have checked the advertisement and it states loads of extra's including sat nav, heated seats when it has none of these and also 1 former keeper when it has had 2. Also I thought that if a problem happens within a 6 month period it is deemed to have been present at time of purchase.

 

So in a nutshell, 1.the car should have never been sold with a MOT as it is not valid due to major problems, 2. I should have been made aware the car being un-roadworthy, 3. it should have never been allowed on the road, including me testdriving it, 4. the car is not as stated within the advertisement (which I have a copy of from Auto trader).