Bought a second-hand car from a dodgy-dealer and need advice

Hintza

My slight concern from your point of view OP is the car really is in banger territory and you might struggle a bit in court. Have you got a report from and independent agency like the AA? I doubt a report from another garage will do (potential business for them).

Please just try to be as prepared as possible and good luck.

darich

Hintza wrote: »

My slight concern from your point of view OP is the car really is in banger territory and you might struggle a bit in court.

Far from doubting what you say - I really have no idea how small claims courts operates - but how could the value of the car make the OP struggle?
Surely if the car was bought from a delaer and requires a replacement head gasket, new radiator and a few other minor things then the dealer selling the car is obliged to either declare the faults and price the car appropriately (ie massively reduced going by estimated £500 repair) or should be liable for repairs if he sold the car as in good condition?

How does the value of the car weaken the OP's position and strengthen the dealers?

Like I said - I'm not doubting - but genuinely interested to know.

Hintza

[QUOTE=darich;31948509
How does the value of the car weaken the OP's position and strengthen the dealers?

[/QUOTE]

You just can't expect the same warranty on an older car and you would expect more to be wrong with an older car that a court might find acceptable (from the dealers point of view).

I am just worried that the court might deem 6 weeks too long for the OP to have any warranty of a car that age. You can be sure the dealer will be fighting with some similar argument and if the OP hasn't dotted the "i's" and crossed the "t's" they might lose.

darich

Hintza wrote: »

You just can't expect the same warranty on an older car and you would expect more to be wrong with an older car that a court might find acceptable (from the dealers point of view).

I am just worried that the court might deem 6 weeks too long for the OP to have any warranty of a car that age. You can be sure the dealer will be fighting with some similar argument and if the OP hasn't dotted the "i's" and crossed the "t's" they might lose.

I fully accept you don't get or should expect the same warranty as with a new car.
I still think though, that if the dealer sells the car it should be fit for purpose and not need significant repairs.
As this is not the case here, I don't see how the age of the car would have a bearing.

I do agree that six weeks may be pushing the limits of any arguement or warranty, but that shouldn't affect the sale of goods act.

Hintza

The only point I'm trying to make is for the OP to "be prepared".

lestergun

When my girlfriend bought the car, she was told it came with a 3 month warranty although has received no supporting paperwork.

When the car was originally taken back to the dealer, the mechanic that looked at the car was overheard saying 'head-gasket' (he wasn't English, was speaking in a foreign language although 'head-gasket' was recognised) although the guy that manages the car lot denied the mechanic saying this (and has since denied this). Then we took the car to a Peugeot garage and the mechanic there confirmed that the head-gasket needs replacing.

It's difficult not to get angry and march down there and take a pound of flesh. I'd be very happy if we could pursue this in the courts, the dealer could be punished (would a court fine them? I don't really know) and my girlfriend could have a car that she feels safe to drive in.

Anyway - Us Vs car dealer via the small claims court. Advice if available.

Thanks

Lester

Edit: The reason for the delay in pursuing this is because Trading Standards were dealing with it for a period - pursuing the dealer on our behalf. It seems TS lack sufficient clout although are sending a letter soon advising us of the next steps.

Hintza

http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_second_hand_vehicles.htm

The site above should give you some pointers OP but from what you say you are not covering your bases very well.

You have no paperwork (Do you have the V5C?)
You do not have a proper report on the condition of the car.
What are you taking them to court for? Repairs or replacement?

Do not rely on Trading Standards at the end of the day you will have to pursue the seller.

Do you have legal cover on your car insurance? Not sure if you could use it in this situation but might be worth looking into.

lestergun

We don't have a V5C.
We have a report from a mechanic at a Peugeor garage stating that the head-gasket needs replacing.
Ideally, we would be taking them to court to recover the cost of the repairs.

We do have legal cover on the car insurance.

Thanks

Hintza

I think you need proper legal advice OP. I don't think anone on here has the knowledge to properly advise you

As I said earlier the report from the Peugeot garage will possibly not do the trick.

lestergun

Balls. Okay - thanks for the advice.