Bought a Truck that has major issue. Dealer not interested in helping

[TheRevFord]

Hi there i hope somone can give me a bit of advice but i think im doooomed.

 

I purchased a L200 Warrior two weeks ago. This vehicle came from a Garage in a local town. it cost me 4.5k and seemed to be ok when i looked round it and took it for a test drive.

 

Unfortunalty i didnt test the 4 wheel drive on the test. I didnt test this until a week after purchase. i flicked it into 4x4 and the whole truck started banging and grinding. i immidiatly rang the garage to let them know that i thought there was a major issue. and they said i should get it checked out by a mechanic. i have now done this and it turns out that the 4 wheel drive is shot. the garage say its going to cost in the region of a grand to fix.

 

ive spoken to the dealer i purchased the truck from and they are saying that its a sold as seen vehicle and its tough luck.

 

 

unfortunatly one of the forms i signed says NO WARRANTY so i think i dont have a leg to stand on here but wanted to check. im really mad cause a grand bill after only owning the truck for 2 weeks is a lot to stomach.

 

Any advice would be appreciated.

 

ta

 

Stu

[rebel11]

Hi TheRev

 

Welcome to CAG

 

Regardless of the warranty, you have statutory rights.

 

There's a chart on page 28 - http://www.oft.gov.uk/shared_oft/reports/676408/oft1241.pdf

 

Here's some more info:-

 

http://www.adviceguide.org.uk/england/consumer_e/consumer_cars_and_other_vehicles_e/cars_buying_a_car_e/cars_buying_a_secondhand_car_e/cars_what_to_watch_out_for_when_buying_a_second_hand_car_e/buying_a_car_from_a_dealer_what_you_need_to_know.htm

 

'Some dealers use a disclaimer, such as sold as seen or no refunds, to try to limit your rights. A dealer should not routinely do this, so always ask to see what checks they have made on the car and its history.'

 

http://www.adviceguide.org.uk/england/consumer_e/consumer_cars_and_other_vehicles_e/consumer_problems_with_the_car_you_bought_e.htm

 

When you communicate with the Dealer do it in writing. Send it Recorded so they know you mean business.

 

Please let us know how your problem has been resolved, it could help fellow Caggers.

[TheRevFord]

Hi there thanks for that im going through the info now. Does the fact that i signed the paperwork with No Warenty actually mean i havent got a leg to stand on thought?

[Guest]

........Does the fact that i signed the paperwork with No Warenty actually mean i havent got a leg to stand on thought?

 

not necessarily, any applicable statutory rights are not affected. ie statute would prevail.

also, see p 23 on in the pdf linked above re sellers obligations/circumstances. intended use? is a 4wd. shouldn't they have checked the 4wd prior. did they know it was dodgy? prob, given that they sold it 'as seen'. did they say that the 4wd was dodgy? but, should you have tested/noticed 4wd prior? maybe not given that pdf says mainly only if exam by an expert, and you did not actually exam 4wd prior? etc. (thinking aloud interesting stuff)

Edited July 15, 2012 by Ford

[Conniff]

Definately not, you cannot sign away your statutory rights even if you wanted to. Even if you took a solicitor and the paper says 'I denounce all my statutory rights' and you all signed it, it wouldn't mean a thing, just toilet paper.

 

When you take something for a test drive, you are supposed to test it, so going into 4x should have been one of the things you did.

Now the legislation says that you are not covered for things that were pointed out to you or could reasonably have noticed at the time of purchase. I think you might come under that latter, but write recorded as suggested and see what comes of it, you might get it all or you might get a part payment.

 

If you are competent enough to do it yourself, see if you can find a used one and ask him to buy it and you will fit it.

Edited July 15, 2012 by Conniff

[Guest]

i see what you mean. if someone is wanting a 4x4 and takes it for a drive prior, then it could be deemed reasonable for them to put it into 4wd when doing so. but, if the garage knew that the 4wd was off and didn't say anything apart from 'sold as seen' then wouldn't they be responsible? as they would have the obligation to 'test' the 4wd when it came in, and prior to any subsequent sale? what if the potential buyer was not car mechanically aware? or would anyone be expected to test the 4wd? (buyer beware generally only applies between commercial parties.) just posing questions

Edited July 19, 2012 by MARTIN3030

[Conniff]

All these attempts at a disclaimer such as 'sold as seen' etc are unlawful and should be reported to trading standards.

 

Mind you, if it was sold as a 4x4/four wheel drive and it don't work, then it has been misdescribed as it obviously isn't.

[Guest]

so, if sold as 4x4 then it should've worked for a reasonable amount of time after sale according to the pdf linked. ie fit for its purpose. q is would the lack of 4wd test on test drive, or any poss alleged misuse/accidental damage by the consumer, negate that? or, did garage point out duff 4wd prior and then through their so called 'sold as seen' (though they should put any specifics in writing)? on the face of it, from what op says, op could poss have recourse? prob is though getting the recourse!

Edited July 18, 2012 by Ford

[Conniff]

Just the simple fact of it being sold a 4x4 at new makes it a 4x4 unless the transfer box has been disabled and then it would be a normal drive but should be advertised as such.

If there is any mention anywhere of 4x4, even just the badge on the back or the v5 or sales literature etc, then it is a 4x4 and unless the buyer was told the 4x4 wasn't working, then it is misdescribed. The selling dealer might say he didn't know, but I would call him a liar, and it makes no difference if he knew or not.