Consumer rights and used cars

pinkshoes

mrzerouk wrote: »

As for whether he was a 'trader' or not, how could you tell? He was selling under a 'business name' (though this was just another name) and he had small premises on an industrial estate. He claimed that they had just set the business up about 4 months ago.

From that description, he is definitely trading, and it wasn't just a private sale, so the Sale of Goods Act does apply...

He should be registered and have a VAT number etc... Do as much digging as you can.

I would write to him asking for a FULL refund and the car to be collected within 7 days, as it is not fit for purpose. If they refuse, then contact trading standards, as it sounds dodgy...

Always send your letter recorded delivery so you know he's received it.

LinasPilibaitisisbatman

Theres a difference between an old car developing a fault, and being dangerous or not fit for the purpose.

Tbh I dont see why you would think you have any case unless the fault was an extremely dangerous one that the trader knew about.

Too many on here seem to think they should get an unlimited 6 year warranty on there 20 year old £100 banger because of the SOGA - simply not true.

Butlers1982

or compensation if the vehicle is not as
described

So if the car doesnt have things as described, what are the options?

mrzerouk

While I can agree that there is a difference between a car developing a fault and it not being fit for purpose, there has to be a line drawn somewhere. I bought a second hand R reg Astra and the clutch cable snapped two weeks in. £40 fix not a problem, an old car and I'd added a few more miles onto it.
But this time I bought a T reg that was supposedly okay. 88,000 miles, which was a lot less than most of the Frontera's I'd looked at. No mention of any specific faults. Within two days and 43 miles engine wont start, petrol gauge is stuck at zero and hasn't moved (despite plowing £50 of petrol into the thing) and the mileage counter is reading only 27000 miles.
I paid £850, which while admittedly isn't a great amount, is an awful lot for us and all I've got to show for it is a 4x4 that wont move. Surely even an old banger, if it is to be fit for purpose, should be able to turn over and drive away. If not, then exactly who is the SOGA supposed to protect?
I don't think I'm being unreasonable, and I don't think the seller was straight with me from the outset.

maninthestreet

It's a 10 year old car - did it come with any service history? Did you get a HPI check done on it? Does the engine turnover?