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Been ripped off by a local dealer - where do I stand?
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Fair comment but reading this forum gets so frustrating from the number of posters who seem to be incapable of making a rational decision and take responsibility for their actions.
This is the group of people most often exploited by conmen and most in need of our help here. Nobody deserves to get ripped off.Can I help?0 -
A bit of clarity would be handy. Make, model, year, mileage. What did the trader say was wrong with it to deem it faulty? Who has been tinkering with it since? Did they really misdiagnose a HGF as a seeping rocker cover gasket? If so, you need a new garage.
Always surprised that people buy their second largest purchase on a misguided whim, then find the ability to do research on getting it fixed afterward.
Most serious thing here for a banger is that the brakes apparently needed bled. Why? Incompetent repair or still undiagnosed leak in the system?0 -
A bit of clarity would be handy. Make, model, year, mileage. What did the trader say was wrong with it to deem it faulty? Who has been tinkering with it since? Did they really misdiagnose a HGF as a seeping rocker cover gasket? If so, you need a new garage.
Always surprised that people buy their second largest purchase on a misguided whim, then find the ability to do research on getting it fixed afterward.
Most serious thing here for a banger is that the brakes apparently needed bled. Why? Incompetent repair or still undiagnosed leak in the system?
Colino, i'm surprised by your responses here.
Over on this thread https://forums.moneysavingexpert.com/discussion/3803929 posts 477 onwards you were very forceful about how no trader could avoid their responsibilities under the sale of good act by writing 'spares or repairs', 'faulty', etc, etc on the invoice, yet on this thread you're totally ignoring the fact that that is what this trader was trying to do?
You seem more interested in trying to disprove the faults found by the O/P than helping the O/P to exercise their rights under the SOGA when they've clearly been 'done over' by the trader?0 -
This is the group of people most often exploited by conmen and most in need of our help here. Nobody deserves to get ripped off.
Totally agree. People do get caught up 'in the moment' and dont see what in hindsight is obvious.
Its happened to me, and i guess it happens to all of us at some point.0 -
* Had to call AA out and replace the Battery
* Brakes needed to be bled
* Rocker Cover Gasket was in bits
Aside of TS and SOGA etc. (banded about on here far too much in my opinion, sorry), you have bought a car from a dealer/trader for £995.
£995 is private sale budget. The dealer/trader is making him/herself a profit, so in reality you probably have a £300-£400 car.
Are the above issues acceptable on a car of this value - yes, in fact it could have been much, much worse.
With all of this in mind, sorry to be harsh but I have limited sympathy, you could have got a nice car for your money by going and looking at some private sales.And that my son, is how to waft a towel!0 -
If so, dealer is not legally allowed to right 'FAULTY' across an invoice as a way of avoiding their responsibilities under the sale of goods act - which this dealer is clearly doing.
No, the dealer wrote faulty because no he can say 'we advised the customer the car had issues and he took it as such, we even wrote it on the invoice'. No it puts the customer in a difficult situation trying to prove based on the balance of probabilities that the banger he's just bought was not advertised as have faults.
If an items description states it has faults, then the item would be considered 'as described' and the buyer wouldn't have any rights to a remedy for the particular fault. SoGA does consider price and description as a factor.0 -
No, the dealer wrote faulty because no he can say 'we advised the customer the car had issues and he took it as such, we even wrote it on the invoice'. No it puts the customer in a difficult situation trying to prove based on the balance of probabilities that the banger he's just bought was not advertised as have faults.
If an items description states it has faults, then the item would be considered 'as described' and the buyer wouldn't have any rights to a remedy for the particular fault. SoGA does consider price and description as a factor.
No.
Legally they cant do this. Perhaps if they had explicitly said 'the car is sold with a major fault - oil leaking from cylinder head area - buyer to investigate and repair at own expense' then perhaps yes.
BUT you definitely definitely cannot blanket write FAULTY across an invoice as a way of reducing the buyers rights under the SOGA.
Even the fact the seller said 'oh we have to write this on all cars below £1,000' - big no no.
The O/P said of the description "however the one I found had a glowing report and had an MOT till 2014 and been serviced every year" - does this sound to you like a car that was being described in the advert as FAULTY or as having significant faults?0 -
p.s. and this ^^
Why?
The O/P didnt ask for a diagnosis of the faults, they only asked had they been done over and had they any rights.
Yes, they were done over.
No, the seller shouldnt have written FAULTY across the invoice as its against the law.
And Yes, they have rights, but they are going to struggle to exercise them because weasels like the seller know exactly how to exploit buyers and the weaknesses in the law to the full.0 -
Yes, they were done over.
I don't think you can say that for sure Paul without knowing the make/model/age/mileage.
They may have bought a car worth much more than £995 but that just needed a battery and a brake bleed...
I know it's unlikely, but this is why I feel the info has some relevance.
Don't forget, some people are unreasonable and again it may be the OP in this instance.And that my son, is how to waft a towel!0
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