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Bought a Ex hire car without knowing?

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  • Stephb1986_2
    Stephb1986_2 Posts: 6,279 Forumite
    I'm unable to check the service book as it's still at the garage for now. But I'll check when it comes back. :)

    I have been made an offer by Arnold Clark but still mulling it over in my head before I decide what I should do.

    Steph :)
  • OFT Guidance for second hand car dealers
    Compliance with the Consumer
    Protection from Unfair Trading
    Regulations 2008 and the Sale of
    Goods Act 1979 (as amended)

    Vehicle history
    5.5 Before exposing any vehicle for sale
    you should take all reasonable steps to
    check the vehicle’s history, for example
    whether it:
    • Is recorded as stolen.
    • Is subject to outstanding finance
    or charge.
    • Has been written off as an insurance
    loss or accident damaged.8
    Is an ex-business use vehicle which
    may have had multiple users.

    • You should also check that you have
    good title to sell the car – for instance, if
    the car is still subject to a hire purchase
    agreement, you do not own it.
  • photome
    photome Posts: 16,665 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Bake Off Boss!
    Stephb1986 wrote: »
    Hi Tradepro,

    I read the article you posted on for me thanks.

    There have been loads of problems with the car, the boot, the engine guard being ripped down so was flapping about underneath which obviously I didn't know about until the car was being serviced. Which just then tipped me over the edge about it as I've never really been that happy with it as I knew that it hadn't had the full respray as promised so there is swirls all over it, I've always washed my cars by hand so I know I've not put the swirls there.

    I think it's just more about the promises that never happened and principal. The mould in the boot was the straw that broke the camels back. It's not so much it being a hire car that bothers me I just don't know how it's been treated before I bought it whether the cam belt etc has ever been changed on it.

    I think I will be happy with the final outcome though

    Steph :)

    You never know how a car has been treated other than by looking at it and deciding for yourself.

    As for the cambelt, it prob isnt due to be replaced (does it even need one, my car has a chain) and you presumably have the service history

    Edit

    I see I was a bit late posting that and also that you have had some kind of offer...are you going to tell us
  • TradePro
    TradePro Posts: 652 Forumite
    Stephb1986 wrote: »
    I have been made an offer by Arnold Clark but still mulling it over in my head before I decide what I should do.

    Is that an offer to change to a different car?

    Unless it's a straight swap for a similar car with similar (or less) miles and same age, don't do it - it could be basically just them selling you another car, and therefore making a profit from you again etc.

    If you were going to do that, you could go and trade in for another car anywhere, rather than be essentially just buying your next car from AC again...

    Be careful, and if you need any advice either discuss it here or send a PM.
    And that my son, is how to waft a towel!
  • photome
    photome Posts: 16,665 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Bake Off Boss!
    s1lv3rdal5 wrote: »
    OFT Guidance for second hand car dealers
    Compliance with the Consumer
    Protection from Unfair Trading
    Regulations 2008 and the Sale of
    Goods Act 1979 (as amended)

    Vehicle history
    5.5 Before exposing any vehicle for sale
    you should take all reasonable steps to
    check the vehicle’s history, for example
    whether it:
    • Is recorded as stolen.
    • Is subject to outstanding finance
    or charge.
    • Has been written off as an insurance
    loss or accident damaged.8
    Is an ex-business use vehicle which
    may have had multiple users.
    • You should also check that you have
    good title to sell the car – for instance, if
    the car is still subject to a hire purchase
    agreement, you do not own it.

    The above just says a dealer should check on its history, doesnt mention having to tell the customer, guessing it does somewhere else.

    It is also ony a guide..isnt it?

    As said previous I am not on the dealers side normally
  • Stephb1986_2
    Stephb1986_2 Posts: 6,279 Forumite
    The offer is to flat and polish the car (not respray) it's not guaranteed to get the swirls and scratches out of it but will possibly make it look better than it does....and £1,000 compensation.

    Steph x
  • TradePro
    TradePro Posts: 652 Forumite
    That sounds good to me - certainly the £1,000 cashback (because again, I don't think the previous ownership thing is any big deal).

    I can't comment on the paintwork obviously, but a good machine polish can work wonders.

    Well done :)
    And that my son, is how to waft a towel!
  • If a dealer failed to disclose the fact that a used car had been an ex-business vehicle with multiple owners he would be in breach of:
    The Consumer Protection from Unfair Trading
    Regulations 2008
    and the
    Sale of Goods Act 1979 (as amended)

    The best test is The Small Claims Court, which I have done, and Won.
  • photome
    photome Posts: 16,665 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Bake Off Boss!
    edited 7 February 2013 at 9:11PM
    s1lv3rdal5 wrote: »
    If a dealer failed to disclose the fact that a used car had been an ex-business vehicle with multiple owners he would be in breach of:
    The Consumer Protection from Unfair Trading
    Regulations 2008
    and the
    Sale of Goods Act 1979 (as amended)

    The best test is The Small Claims Court, which I have done, and Won.

    I am not disagreeing with you, but how would you prove that more than 12 months after purchase

    Part of the act does state that you should inform the dealer straight away if you think it has been misdescribed and after 6 months the onus is on the buyer to provide evidence
  • Stephb1986_2
    Stephb1986_2 Posts: 6,279 Forumite
    photome wrote: »
    I am not disagreeing with you, but how would you prove that more than 12 months after purchase

    It's on the V5 who the previous owner is ERAC LTD, Why would I make it up that I have only just found out about it? If I knew before I bought it I would never have bought it. I've got plenty things to do without having to worry about my car or to make things up about it.

    Steph :)
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