Ripped off on 2nd hand car - can I do anything?

[claireac]

Hi,

I'm hoping that you can help.

We lent my son £850 last week to buy a car. He'd viewed it with his friend, and they both know a fair bit about cars and were happy that it was ok. So Thursday of last week my dp took him to pick it up. Everyone was happy.

On Sunday (3 days later!) my son got in the car and it wouldn't go into 2nd gear. We told him not to panic, and arranged for it to go into the garage we use. My dp has just spoken to the garage. The gear box is completely shot, and there are spanner marks on it where it has been tightened up. Those that are as cynical as I am would think maybe so that the car could be sold so the original seller would not have to replace the gearbox!!

To recon the gearbox is going to cost £450-500, although the mechanic is looking around for cheaper.

My question is, do we have any legal comeback against the seller? Less than a week after purchasing the car it is undriveable.

Thanks,
Claire

[markelock]

I presume it was a private sale? did they make any specific representations about the car?

[claireac]

Yes it was a private, and they weren't told about any problems.

I'm so cross!

[ringo_24601]

Did he drive it before the sale?

[iolanthe07]

Did he sign a receipt stating that he had bought it "as seen"? If he did, then I think he is probably stuffed, sadly. It is very hard to get redress from a private seller, which is why people are often prepared to pay more to buy through a dealer. Caveat emptor, and all that.

[claireac]

Yes, both him and his friend.

[markelock]

I would suggest he could go to the seller to ask him whether he is prepared to do anything?

it's unlikely to get anywhere though. If it's nearby, he could always check whether the seller is selling more than one vehicle and effectively trading?

[Conor]

Caveat Emptor. The seller is only obliged to give information about a defect if asked specifically about it. They are not obliged to volunteer the information. The only exception to this is if there is a fault which makes the car dangerous such as completely shot brakes, steering rack or serious corrosion around a safety critical area. Even then, you'd have to go through civil court to get your money back.

I would find out the price of a gearbox from a scrappies, approach the seller and ask them to go halves with the cost. Unfortunately, if they tell you to sod off, there's not a lot you can do but someone with their moral compass pointing in the right direction may just pony up.

[mcjordi]

theres really nothing you can do, as they test drove it they should have noticed any faults with the gear box, its one of those things, buyer beware

[hewhoisnotintheknow]

my local scrappy sell gearboxes for 100

Nothing he can do, not sure what 'spanner marks' are

[jscalow]

get your son to have al look at -
http://www.1stchoice.co.uk/
for car spares. he just puts in the car model and part he is after and breakers yard will email him back with the cost inc courier delivery to your garage. I fear if you approach the seller it may turn out to be a waste of time.

[Burlesque Babe]

no comeback at all unless you can prove the seller knew about the fault and deliberately didn't tell you and even then it's a small claims job.

[anewman]

I'm sure I remember hearing that one trick used by car sellers to quieten up gearboxes is to put thick oil in them - the gearbox then dies a death not long after.

Not going into second gear sounds like the differential or whatever it is?! It is probably the most used gear anyway - if it just won't go into second gear you could thrash it in first then go to third. Obviously not ideal though.

[hewhoisnotintheknow]

I'm sure I remember hearing that one trick used by car sellers to quieten up gearboxes is to put thick oil in them - the gearbox then dies a death not long after.

Not going into second gear sounds like the differential or whatever it is?! It is probably the most used gear anyway - if it just won't go into second gear you could thrash it in first then go to third. Obviously not ideal though.

people put banana skins in too to make it quieter

[charliefarlie1307]

If it was a private sale then no you dont have any come back. I bought a car from BJC car sales in poole and they gave me a 3month warente they had the car back twice and repaired it but litterally just outside the three months and I had to spend £2000 in repairs and now there are more faults with it. Majorly stiched up and not just £850 try £5500 plus £2000 in repairs. I hate second hand cars! And the garages that sell them.:mad:

[vaio]

If it was a private sale then no you don’t have any come back. I bought a car from BJC car sales in poole and they gave me a 3month warrantee they had the car back twice and repaired it but literally just outside the three months and I had to spend £2000 in repairs and now there are more faults with it. Majorly stitched up and not just £850 try £5500 plus £2000 in repairs. I hate second hand cars! And the garages that sell them.:mad:

I would have thought that £2k repairs on a £5k car inside 4 months it falls foul of the SoG and the garage should sort it out

[Burlesque Babe]

blimey Charlie. I nearly bought my last car from BJC - glad I didn't now.

Have to say though, not all second hand garages are dodgy and BJC are quite a high profile company locally - call trading standards at the council?

[goldspanners]

I hate second hand cars! And the garages that sell them.:mad:

thats a bit of a broad statement.
i dont think all garages are bad and i doubt every second hand car will cost its next owner £2000.

[hewhoisnotintheknow]

cars just go wrong everynow and then, it happens