My rights regarding car purchase

cogsy1976

Hi all
FIrst post so apologies in wrong place!

I purchased a car from a dealer a few weeks back that was advertised on ebay, the car was up for sale for £4999 it didnt give details on MOT remaining and I didnt bother asking as in the same advert when it said about him it mentioned that all cars come with 12 months MOT or long MOT.

Anyway to cut a very long story short I collected car from Nuneaton (about 2 hrs away) and when I got about 20 mins from home the car cut out and wouldnt restart which resulted in me getting pushed to side of road by motorway police and me joining the RAC for £120!

I called the dealer at time of breakdown and he was blaming my driving and he said 'I thought it was alright'! The car couldnt be restarted so it was towed to a garage.

It now works after a RPM sensor at a cost of £180 my questions really are do I have any comeback with him. He told me there was no warranty and he wrote that on the receipt 'buyers acceptance' my mate who works in the motortrade said most dealers give 3 months warranty but I had none and the MOT had barely a month left on it!

To make things funnier I paid him £4500 bankers draft £500 cash and he wrote on the receipt that I had paid £4500 so this was obviously a tax dodge! I can prove the fact I actually paid the £500 cash from the bankstatement and the fact the car was advertised at £4999.

DO I have any rights?

pinkshoes

I would start by contacting your local trading standards, as clearly the car is not fit for purpose, guarantee or not!

moonrakerz

pinkshoes wrote: »

I would start by contacting your local trading standards, as clearly the car is not fit for purpose, guarantee or not!

Not anywhere near as simple as it sounds !

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

maninthestreet

What car was it, how old was it? You mention MOT, but an engine sensor would not be part of any MOT test.

cogsy1976

It was an Audi TT 1999, Im not stating that the sensor has anything to do with the MOT it is the fact that in his advert it states all cars have 12 months MOT or long MOT's.

My point is that the advert is misleading and the car had that fault at time of pick up.

jimbms

Also the MoT is only an indication of the cars condition at the time of test and becomes void after that.

cogsy1976

like i said the mot isnt the issue here i got it mot'd myself a week later and it passed.

the issue is the fact he washed his hands of the whole issue and was accusing me of causing the fault and i had to pay £180 to fix the car and £120 to join the RAC.

DebtHater

cogsy1976 wrote: »

it didnt give details on MOT remaining and I didnt bother asking as in the same advert when it said about him it mentioned that all cars come with 12 months MOT or long MOT.

So you part with £4999 and you didnt think to once check the cars paperwork? You are asking for trouble there. Wait for it - you'll be coming on here next saying its a cloned V5! Always, ALWAYS, check the cars paperwork. VOSA and DVLA even give you tools online to check tax, MOT & MOT history (inc pass and fail details) - there really is no excuse to not check a cars details.

my mate who works in the motortrade said most dealers give 3 months warranty but I had none and the MOT had barely a month left on it!

Oppps. Theres the trouble I was talking about. Why didnt you check before you purchased!

To make things funnier I paid him £4500 bankers draft £500 cash and he wrote on the receipt that I had paid £4500 so this was obviously a tax dodge! I can prove the fact I actually paid the £500 cash from the bankstatement and the fact the car was advertised at £4999.

If he wrote on the receipt a wrong figure, why let him do it? If you were to have a problem and needed to go down the legal route, the evidence on the receipt says £4500, even though thats £500 shy of the real figure. Regardless of how much it was advertised for, he could just say he lowered the price for you, you would have to prove him wrong! So, if it went to court and the judge ruled for you to return the car and get a refund, you would get £4500 back, not £4999. The whole purpose of a receipt is to show how much has been paid and that goods have changed hands.

DO I have any rights?

Yes, but you deserve to learn the hard way on this.

Motor traders have the obligation to sell you a car that is fit for purpose. If it breaks down soon after purchase, or you notice its not as described, or anything like that, you have then got the opportunity to take them to the small claims court.

First thing - let the dealer put it right. You should give them the opportunity to fix the car. Sounds like you already did it for them. Have you contacted the dealer since getting the work done? I noted you said he has "washed his hands of you" - I'm not surprised. For all he knows, you could be trying to do him out of £180. When a fault develops with a newly purchased car, you should always CONTACT THE DEALER FIRST and give them reasonable time to fix the issue - usually 7 or 14 days. Dont just steam off and get it fixed off your own back then expect a refund. Dont work like that I'm afraid.

And a word of advice. Trading Standards wont do anything apart from take a report. They wont act on anybody until there is a pattern, they need to receive quite a few reports before taking action.

DebtHater

cogsy1976 wrote: »

!!!!!!!

Sorry, must correct the word you chose to use.

"!!!!!!" refers to someone who commits the act of masturbation. As I am married, I cannot possibly be a !!!!!!, because my wife takes care of all that for me. Urban Dictionary: http://www.urbandictionary.com/define.php?term=A%20-%20Tosser

But, I suppose you could also say that a definition of "!!!!!!" is also someone who spends £4999 on a car and fails to check the cars paperwork.

gordikin

cogsy1976 wrote: »

Lot of !!!!ing use this forum is! !!!!!!!

I guess you don't like to be told you made a number of mistakes!

terryw

It is always a good idea to be a member of a breakdown service as when a breakdown happens it costs much much more to join.