Urgent help please, car bought 48 hours ago

BenL

There is lots of car consumer rights information on http://www.honestjohn.co.uk/faq/consumer-rights/


At £2000 the car is not going to be perfect and there is mentions of buying a car for £2000 you are knowingly buying a car near the end of its life

e.g.
http://www.honestjohn.co.uk/askhj/answer/30575/problems-with-my-second-hand-zafira


Howver, within 48 hours of buying it breaks like yours it will come under:

during the first six months:

The consumer returns the goods in the first six months from the date of sale and requests a repair or replacement or a partial refund. In that case, the consumer does not have to prove the goods were faulty at the time of sale. It is assumed that they were. If the retailer does not agree, it is for the retailer to prove that the goods were satisfactory at the time of sale. This comes from Sale and Supply of Goods to Consumers Regulations 2002, derived from EU Directive 1999/44/EU which became Clauses 48A to 48F inclusive of the Sale of Goods act in April 2003


Ben

vax2002

What does it say on your receipt about the dealer, sole trader, Prop, LTD ect about the dealer.
Is there another company name some where, like a blogs trading LTD on your receipt ?

this information will help gauge how likely you are to be able to get your money back, a LTD company and you would be wasting your time but if the dealer is a sole trader and you can get the name of the trader you can pursue him directly with bailiffs and a CCJ.

Do some more digging, I will be back in a few hours, just got to do a Hubbies taxi service....

bikingbarney

is it right that any used car that is sold by a dealer has to come with a minimum of 3 months warranty by law??

to be honest if it has broke down already I wonder what issues you will have with it further down the line.

I would take it back to him and dump it on his forecourt with a sign on it showing potential customers what he is like!!

Laura721

But I dont want to take the car back to him without anything.

The invoice is just a used car invoice, no Vat number of theres on it just address and details of car, price etc.

Laura721

Out of desperation we tried to reason with them, offering to pay £200 for part of gearbox and labour. They said no to this offer which I may be thankful for in the future, so we are now proceeding with the formal letter, I am going to write this today. But this worries me as "Streatham Car Sales" must be confident we as the consumer cannot win this, but I am sure we can as it is within first 6 months and the woman on the phone seemed positive?

As far as I can see they are not an Ltd company so assume this works in our favour?

They have deleted the adverts on autotrader and on their website. They did this within an hour of me purchasing.

The invoice mentions no VAT number, Just address and company name. It mentions price I paid, some details on the car, nothing like "sold for scrap" or anything else like anything wrong with car we were aware of, as of course we were not.

It is a shame, everything else seems to be in perfect working order according to my local garage.

Any further advice for our letter/complaint/future?

s_b

your car advert now removed from autotrader says

5 Doors, Manual, Hatchback, Petrol, 50,000 miles, Blue, MOT-06-2013. Central locking, Lumbar support, Immobiliser, Radio/CD, Steel wheels, Body coloured bumpers, Drivers airbag,

now a 50,000 mile punto doesnt need a gearbox so i would be scrutinising the mileage history if i was you

dacouch

As SB has posted, the advert is available in google cached.

Here is a link (It's not working very well).

Take a screen print as evidence.

Mention to the dealer that you have a copy of the advert from google cache

http://webcache.googleusercontent.com/search?q=cache:1geIKxt5pLsJ:www.streathamcarsales.com/used-cars/fiat+streatham+car+sales+fiat&cd=1&hl=en&ct=clnk&gl=uk

s_b

dacouch wrote: »

As SB has posted, the advert is available in google cached.

Here is a link (It's not working very well).

Take a screen print as evidence.

Mention to the dealer that you have a copy of the advert from google cache

http://webcache.googleusercontent.com/search?q=cache:1geIKxt5pLsJ:www.streathamcarsales.com/used-cars/fiat+streatham+car+sales+fiat&cd=1&hl=en&ct=clnk&gl=uk

better link here
inspector sb says:p
http://www.carocean.co.uk/search.html?q=fiat+punto+2003+blue+5+door

vax2002

Yes it works in your favour if they are not a LTD company.
You first call is written notice of rejection.
...............................................................................
Your details NAME IN CAPITALS ONLY (Very Important) !

Car Registration XXX XXXX
Sold to:
By :
Notice is Herby served that the registration mark XXXX XXX has within 48 hours of sale suffered a complete gearbox failure and the vehicle is declared not fit for purpose and is rejected.
Please make arrangements to collect the vehicle and return payment in cash.
Your offer of part payment for repair is not a satisfactory solution and is rejected.
The vehicle is clearly not fit for the purpose of which it is sold under Sale of goods act:

NOTICE BEFORE ACTION:
Notice is Herby served that if no contact is made within 14 days legal proceedings will be commenced for recovery of the purchase price, garage fees incurred in diagnosing the fault and court costs.
NOTICE IS SERVED AT POSTMARK OF THIS LETTER.

Notice is Herby served: that under protection of harassment act 1997 that abusive and threatening phone calls must desist as these are causing alarm and distress to the recipient contact must now be made in writing to the following address :


..................................................

Stick that in a recorded delivery letter and post today.
Then contact trading standards and request they investigate as you are unable to find who or what the trading entity is, a sole trader, a partnership, a LTD company, ask them to ascertain which it is and the person responsible for the company.
If this is as suspected a sole trader, you will need to serve a further Notice before action on this person again giving 14 days from service.

joee_91

Whats puzzling me is the MOT has obviously just been done so how can it pass its MOT with a gearbox problems?

I would question the MOT too. Or at least check for advisories.