Don't rely on the small claims court - it really is 'Buyer Beware'

john1974z

I made the unfortunate decision early last year to choose a 2nd hand car dealership based on how near it was to my house. "It's only round the corner - I can't get ripped off, surely"... well, I did! Clutch well worn, tyres kept going flat, two tyres with cracking and crazing needed replacing asap, central locking broken after a couple of months, faulty battery... The CAB advice said that all problems that happened in the first 6 months were deemed to be present at point of sale unless the seller could prove otherwise. I got garage quotes - the dealer said they were lying. I got an independent engineers report - he claimed only clutch cable needed replacing and wouldn't address other issues. He refused my repeated requests for a refund. So, to cut a long story short, it ended up in the small claims court (last week in fact). Despite all the CAB advice, advice from a solicitor, and various websites creating the impression I had a strong case, I lost. "One clause takes away from the other" as the judge said. So unfortunately a green light for the dodgy car dealers of the world. It was a worthwhile exercise in that I stood up to a dodgy car dealer (and made his head go very red in court), but don't let anyone tell you "it's easy" - it takes a huge amount of your time and effort. If you monetised the hours then you'd probably find it was taking more in effort than the total of your claim. People must do what they can to focus on prevention. We've got a car from a proper dealer now. But if I was buying a cheaper 2nd car again I would go to Ebay. I could have bought the same car from a dealer on their for a third of the price (so would have had spare money for repairs). The other advantage with Ebay is that people's reputations mean so much more on there. I did see, ironically, an Ebay company selling the same make/age of car I had been ripped off with, with an ad saying "clutch is heavy and may need replacing soon"! - if only the garage I went to had been so honest. If you do get ripped off you can at least leave a negative comment which will affect their future sales. It's much harder to hit offline dealerships in this way. Although I am content he will have lost some sales. Anyway, that's my experience - the car is being collected for scrap this Wednesday. Thumbs down for small claims and the Sale of Goods Act! :cool:

jimjames

How old was the car?

I'd expect a different reliability for one that is 6 months old to one that is 10 years old. Other than clutch which seems to be picked up and accepted the others could be wear and tear if it is old.

I would also ask why you didn't go with the view of the independent engineer if they only considered the clutch to be an issue? Why did they not think the other issues were relevant?

tykesi

Wow - any chance of some paragraphs?

worried_jim

Surely you looked at the state of the tyres before you agreed to purchase.

Kimberley

Did you not take a Mechanic with you when you viewed the Car?

Hoof_Hearted

Well done for trying and I am sorry and surprised you lost. Lesson learned and I hope it wasn't too much money. Very easy to be wise after the event. Some car details would be good.

Limey

Kimberley wrote: »

Did you not take a Mechanic with you when you viewed the Car?

This one could have been useful.

maninthestreet

Surely the poor condition of the tyres was obvious to you when you inpected the vehicle. Assuming you were allowed a test drive of the vehicle, the worn clutch would have been obivous as well.

fivetide

Kimberley wrote: »

Did you not take a Mechanic with you when you viewed the Car?

I'm going to go out on a limb here and say.... no.

As said by others though OP - the majority of things you could have picked up yourself before buying, those I'd say are with you. If you wanted new tyres you should have haggled for them.

The battery failed, they do that on occasion.

The clutch is a funny one. Presumably the car drove fine when you tested it? If it didn't then why buy? Whilst it is tough, I'm not sure you went in there on the strongest footing looking at the faults.

the age/price/miles on the car would have also made a big difference but once again, at least you gave it a go.

debbiereynolds76

If the small claims court system worked then there would not be people like this trader acting like this.

Small claims courts offer a fig leaf of protection for the general public and function only to line the pockets of lawyers and provide employment for judges

Sadly caveat emptor is the rule

Hoof_Hearted

I don't agree. Small claims is very cheap to use and you don't need to be represented. I have used it myself without employing a lawyer. It is a completely different thing to proper courts.