Sold Car not fit for road?

arcon5

Optimist wrote: »

The dealer broke the law by allowing the OP to take a test drive in a unroadworthy car. He also allowed the OP to drive the car away..Doesn't seem "recovering" the car was ever on the agenda.

Oh I agree with you, my point was merely it is not strictly correct that you cannot sell an unroadworthy car so long as there is reason to think it will not be used on the road -- in ops case I agree the dealer has acted outside of the law by selling the vehicle to op described as "ready to drive away".

just1_2

Optimist wrote: »

I hope that was a copy.

Yes it was.
It was copied and sent recorded delivery which he signed for yesterday but I have not heard anything yet.
When I call I get told the same thing "boss away till next week, call back then".

arcon5

just1 wrote: »

As a newbie I can't post links but it was also advertised on ebay.

Item number: 230709103570

If anyone would like to see the advert

This is ops car

Described as

GREAT EXAMPLE OF THIS WELL MAINTAINED PASSAT 2.0 SE TURBO DIESEL ESTATE. 1 PREVIOUS OWNER. FULL SERVICE HISTORY. JUST SERVICED OCT 2011. MOT MARCH 2012. ROAD TAX FEB 2012. CRUISE CONTROL. AIR CONDITIONING. CD PLAYER. ALLOY WHEELS. SUPPLIED WITH 2 REMOTE KEYS. FULLY PREPARED AND READY TO DRIVE AWAY..

Looks a smart car despite the issues.

Optimist

arcon5 wrote: »

Oh I agree with you, my point was merely it is not strictly correct that you cannot sell an unroadworthy car so long as there is reason to think it will not be used on the road -- in ops case I agree the dealer has acted outside of the law by selling the vehicle to op described as "ready to drive away".

Ahh sorry, as point of law correct. I thought you had turned into flyboy !:D

lincroft1710

Any dealer who sells a 4 year old car with less than 12 months MOT clearly has no faith in the vehicle.

just1_2

What should be my next step if the dealer won't respond?

Contact Trading Standards (and Police if it is a criminal offence)?

Do I arrange a car transporter firm to collect the vehicle and send back to him etc?

At the moment it has been sat on my drive since Wednesday as I don't want 6points on my license.

just1_2

The dealer called me this morning.

He claims that VW were just touting for business but has offered to collect the car and have it checked.

I am unsure whether or not to do this. Where do I stand legally?

My concerns are he throws a couple of part worn tyres and 2nd hand shocks and MOT's it.....

I bought it because of the full VW history and 1 owner and hoped for a couple of years use at least.

paddyrg

Only you will know who you trust, maybe you cannot check all the innards, but you can certainly check the thread yourself, take photos with a ruler if you see thin spots. Worn on the inside edge only also does suggest a bigger problem (shocks, maybe?) as wear should be even in normal use.

If the tyres are illegal, they sent you away in an illegal car, I would lose all faith and be pushing for a recovery and refund, make a huge fuss, threaten courts, if they are also an MOT centre then tip off the main MOT centre office for them allowing an illegal vehicle etc. If they tyres are legal but borderline, I would still push for replacements and have a chat about the other components. The uneven tyre wear does suggest all is not ideal, so let them sort it and suggest they chuck in a free service or something.

arcon5

just1 wrote: »

The dealer called me this morning.

He claims that VW were just touting for business but has offered to collect the car and have it checked.

I am unsure whether or not to do this. Where do I stand legally?

My concerns are he throws a couple of part worn tyres and 2nd hand shocks and MOT's it.....

I bought it because of the full VW history and 1 owner and hoped for a couple of years use at least.

Well you can reject goods within reasonable time for a full refund, after which a remedy must be offered. So if your looking for a full refund, then the question is, is 7 days seen as accepted the goods? I would say not with something like a car.

If however you wish to keep the vehicle, the dealer wanting to do their own inspection seems fine to me -- then see what way of remedy is offered. If the tyres are replaced and the vehicle is put through an MOT successfully, I don't really think you any longer have a case as the vehicle is now roadworthy and the breach of contract has been remedied. Whether the parts then fail in the future is a seperate issue, but you would need to determine why they have failed -- whether there was an inherent fault causing parts to fail prematurely or whether it's simply a matter of wear & tear bearing in mind the condition bought in, age of the vehicle, mileague and how it's been treated.

So the question is -- do you want to keep the car or not?

If you do, if I was you i'd ensure it's kept as amicable as possible. Keep to the facts, state what you want, but don't make mention of courts, points of law ect ect ect otherwise they may decide they want to be awkward afterall making your whole situation much harder to deal with.

arcon5

paddyrg wrote: »

If the tyres are illegal, they sent you away in an illegal car, I would lose all faith and be pushing for a recovery and refund, make a huge fuss, threaten courts, if they are also an MOT centre then tip off the main MOT centre office for them allowing an illegal vehicle etc. If they tyres are legal but borderline, I would still push for replacements and have a chat about the other components. The uneven tyre wear does suggest all is not ideal, so let them sort it and suggest they chuck in a free service or something.

The vehicle may have been roadworthy at the time of the last MOT (which was 9 months ago?). If it transpires that the tyres are infact legal (even if borderline legal) and the components are infact in roadworthy condition then op doesn't have a case for anything whatsoever as the car has been sold as described -- if in 2 weeks it becomes unroadworthy (e.g. illegal tyres) then that is ops problem as they had the opportunity to inspect the vehicle at time of purchase.