Ripped off - bought car from a garage

[sailor sam]

w w w.wrekinmotors.co.uk/about

 

Ok, seen the website but it isn't telling me what i'm looking for. I need to see how the car was being advertised before I can give you advice. Do you have a cvopy of the newspaper advert? If so can you scan it and post it here OR would the advert appear on the newspapers website? If so, can you tell us which newspaer it is? So far my opinion is that at £1200 for a 02 Corsa means that you have either been totally ripped off (if it has been sold as a non-runner/un-road worthy/insurance right off ect) in which case you are stuffed (although they should not of allowed you to drive it away). OR if it has been sold as a car which can legally be driven away from their premisis (taxed MOTd ect) then that will be a different ball game. They can put what they like on the invoice but it will not reduce/replace your statatoury rights. If the car was not road worthy and it was being sold as 'spares or repair' only, then they should not of allowed you to drive it away. It could be that by doing so, they accept that they are selling a car which should be fit for the purpose thus SOGA will apply. If they are selling cars as 'right offs' but listing them as fit for use on the road, then Trading Standards should be interested.

 

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 face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

[col0101]

The advertisement in the newspaper just stated a list of cars ie. 02 Vauxhall Corsa 1200.

 

The car was sold with an MOT and Tax.

 

I have spoke with consumer direct and they have told me to write a letter. However, I rung the garage earlier and they said they would pay for a new engine. (although, I would rather have my money back as it could be a dodgy engine (no warranty, need a new cambelt or whaterver))

[sailor sam]

The advertisement in the newspaper just stated a list of cars ie. 02 Vauxhall Corsa 1200.

 

The car was sold with an MOT and Tax.

 

I have spoke with consumer direct and they have told me to write a letter. However, I rung the garage earlier and they said they would pay for a new engine. (although, I would rather have my money back as it could be a dodgy engine (no warranty, need a new cambelt or whaterver))

 

Did you tell them that? If we are talking less than a couple of weeks since you bought it, then you may have a case to reject. I suggest you take the car back to them and say you would prefer to have a refund. But don't forget that although they may state that the replacement engine is not guaranteed, the SOGA will still apply so it would have to be fit for the purpose and of satisfactory quality. Based on what you paid for the car, I would expect the engine to have done no more than 85k miles and be in good working order.

 

Keep us posted please.

 

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 face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

[col0101]

Thanks for your help everyone. There seems to be a problem with the steering as well now but that may a little fault. I will be ringing the garage tomorrow and see what they say.

[oddjobbob]

''I would rather have my money back as it could ''

 

I don't think you've got much chance of that matey.

 

Despite the cries of SOGA being the way to go, if they are willing to suply and fit another engine in order to put it right, I'd say that this is a blindnig result for a car sold as a write off.

 

SOGA might be the way to go if you want to eventually posssibly win (see what happpened to kimbo on here) and wait a couple of years to possibly win.

 

Lets face it, you bought a Cat C car withuot a log book and you paid too much for it bearing that in imnd.. but you bought it, no one put a gun to your had to make you do it.

 

Getting another engine is about the best you can hope for without enduring a load of grief.

[col0101]

They never said they were going to fit the engine so will find that out. It does have a log book (that was me being dopey)

 

It is not a Cat C car, it was sold with tax and an MOT and was a second hand car.

[oddjobbob]

Ah then that's a bit different they've just put that guff on the receipt to try and cover themselves.

 

I wouldn't like to call it as to whether what they've put on the receipt gets them anywhere... they say the law is the law, etc but different registrars can see it differently... so no matter that someone tells you oyu'll definitley win in court, i personally think you're better off avoiding any court (in case yuo lose, AND it can go on for months / years) and trying to sort it our with the scrapyard / garage... getting them to supply and fit it foc would be nice

 

But its not my car, its yours...

[heliosuk]

col,

One of the problems with this site and in particular this area of the forum, is that you get a lot prospective legal advice about your rights etc. Whilst legally true what is not pointed out are the hurdles you need to clear. Going in threatening legal action usually means a lock down in negotiations which in turn leads to delays and much frustration ..........for what?.

 

In your particular case I believe you have been sold a "pup" .

 

I know the area you are in particularly well, in fact I drove past the place of concern twice today and is somewhere that I contunually tell my nephew to avoid.

 

Can you PM me with respect to taking the car back and getting your money back. Forget going the legal route at the moment, it needs fronting.

[Conniff]

Is it definately a right off?

 

If yes, where does it say this or where did you find this out, not including what it says on the receipt.

[col0101]

sorry can't PM you as I don't have enough posts i'm afraid.

 

I took the car to a garage and they have said with all of the problems it wouldn't be worth spending any money on.

[sailor sam]

I think the purchase price suggests that the car wasn't being sold as a right off Conniff.

 

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 face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

[Conniff]

That's what I was thinking Sam and I would be having a go at HPI to see what it says. If it should prove to not be the case, then there is a definate attempt to take away the statutory rights of a consumer.

 

But then again, the wording is clever, he is saying that it is either damaged 'or' an insurance right so not commiting to either with a definate statement..

[sailor sam]

I think the purchase price would be an important argument how the car was being described if it went to court. The OP could provide a copy of any motoring magazine proving what condition the car should be in. At the end of the day the car was NOT sold as spares or repair as far as I am concerned, it was sold as servicable. The statements on the invoice therefore, could breach the SOGA as clearly the seller is attempting to reduce the OP's rights.

 

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 face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

[col0101]

I spoke to the garage and they have bought a new engine (whichI didn't want but hey ho). There is no guarantee with the engine and nor will they fit it. So more out of pocket.

[sailor sam]

I spoke to the garage and they have bought a new engine (whichI didn't want but hey ho). There is no guarantee with the engine and nor will they fit it. So more out of pocket.

 

Ok, lets get down to the nitty gritty of this. Can you tell us what date you bought the car on? You said that it developed the fault within 5 days so clearly it was not fit for the pupose or/and of satisfactory quality. We have already gone over the issue of whether the car was sold as 'spares or repair' or as serviceable or not and it can only be one or the other. Obviously it was sold as servicable and not as a right off. So SOGA will apply. Key points here are that it was sold with tax and MOT, you were allowed to drive it away and it cost £1200. The purchase price reflects the forecourt price of a Corsa of that age in average to good condition. No way should you be expected to pay for any major repairs so my advice is first thing tomorrow go back to Consumer Direct (or who ever you referred this to) and tell them of the seller's 'offer'. Also tell them what was printed on the sales invoice and how much you paid for the car and take their advice. Your CC cliam is already taking shape IMHO. Please come back and tell us the date you bought the car.

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 face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

[col0101]

Hi, thanks for all of your help. I bought the car on Friday 13th January (What a time to buy!!). I will be ringing consumer direct again tomorrow about the offer.

[sailor sam]

Hi, thanks for all of your help. I bought the car on Friday 13th January (What a time to buy!!). I will be ringing consumer direct again tomorrow about the offer.

 

Ok, then reject it. I think that is what CD will advise. You will need to write a formal letter of rejection and once posted, do not use the car again. They may refuse saying that they have 'bought' a replacement engine but they would have to do that anyway.

 

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 face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

[col0101]

So if I refuse the offer, do I stand less chance of getting my money back?

The bloke from the garage said he heard the engine run which could be a load of rubbish.

Looks like this is going to be a long case.

[sailor sam]

So if I refuse the offer, do I stand less chance of getting my money back?

The bloke from the garage said he heard the engine run which could be a load of rubbish.

Looks like this is going to be a long case.

 

In my opinion no beacsue they are only offering to supply the engine so therefore they are not fulfilling their obligation uner the SOGA. If they agree to completely rectify the situation that may be different. However, there is the short time scale involved as well to consider. I'm sure that CD will be interested in what 'terms' they are stating on their sales invoices as well. Contact CD before doing anything else is my advice.

 

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 face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

[col0101]

Okay thanks for all of your help. I will contact them tomorrow and let you know what they say.

[sailor sam]

Any news on this Col?

 

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 face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

[grahamengineering]

I am willing to bet consumer direct will have told him he bought a car from a scrapyard sold with a quite legal disclaimer saying spares/repairs. If this sales method was advertised t the OP when he bought the car and signed the reciept then sorry the scrapyard have not acted illegally. Immorally, totally.

 

Do I think he was ripped off? Yes! But do I think the garage has acted illegally? No!

[oddjobbob]

Very sticky one this... I thnik IF the ad caimed it was a superb car, etc then he might just get somewhere... but even if he wins, winning a CCJ is not the same as getting paid.

 

I do tend to agree that if it is quite clear on the receipt that its a damaged / previously repaired / cat c car whatever then as long as this isn't written in tiny tiny writing I recon he's pretty stuffed.

 

Also they aren't necessarily saying its been a write off, just saynig it was previuosly damaged. They are absolute charlatans and should be locked up: but if you see some of the types that run these scrapyards a visit from the buyer / TS or a solicitors letter is unlikely to bother them.

 

Will be intersting to see what happens

[col0101]

Consumer Direct have told me to send a letter asking for my money back but can't see that happening. Just have to wait until after 10 working days then ring again.

They have said I've got a case under the SOGA but we shall see.

[grahamengineering]

Good luck OP. Like bob I think they are a bunch of crooks but proving they have acted illegally and then getting a judgement and then money out of them will be very difficult.