used car a complete wreck

unholyangel

visidigi wrote: »

The trader is not obligated to teach you how to buy a car, that's what research before buying is for.

As long as they have not been deceptive, then he isn't getting away with anything. If the car had an MOT when he sold it, then it had an MOT, the issue would be can you prove the wear they have found is something that would have occurred long before the point at which the MOT was issued.

Dont need to prove it occurred before MOT, just need to prove it wasnt roadworthy at time of sale - given it is an offence to sell a car that is not roadworthy.

And from personal experience, rust doesnt just appear within a matter of weeks. It builds up over time. If this is as bad as OP says, theres no way it was roadworthy even 2-3 months ago, never mind a little over a month ago.

sharp75

I have copied and pasted this from the advert:

ONLY 2 FORMER KEEPERS - GOOD SPEC - HPI CLEAR - CURRENT MOT - DRIVES GREAT - RETURNS UP TO 42.8 MPG
A GREAT FAMILY HATCHBACK OFFERING MAZDA SUPERIOR BUILD QUALITY AND WORLD REKNOWNED RELIABILITY. WELL SPECIFIED WITH ALLOY WHEELS, CD PLAYER, CLIMATE CONTROL, ELECTRIC WINDOWS, POWER ASSISTED STEERING, ABS AND MUCH MORE...
- ANY INSPECTION WELCOME - WE MAY TAKE YOUR CAR AS PART EXCHANGE - VIEWINGS VIA APPOINTMENT
WE OFFER VIEWINGS VIA APPOINTMENT ONLY, SO PLEASE CALL FOR MORE INFORMATION AND TO ARRANGE A MUTUALLY CONVENIENT TIME FOR A VIEWING/TEST DRIVE.
GREAT VALUE FOR MONEY!
EXCELLENT DRIVING EXPERIENCE WITH COMFORT STYLE & PERFORMANCE
£1,000.00 Mazda 6 2.0 TS - PRICE REDUCED!! 42.8 MPG WELL SPECIFIED - DRIVES GREAT!

sharp75

If you notice he says Great value for money. Hes now telling me it was that price because it was trade clearence and sold as seen. Also he says it drives great well when I went to view it the dealer drove the car to an industrial estate to meet up and it was OK to drive, but when i bought it home and it had been stood a few hours i was driving it out of my street and it was driving as though the petrol was low and about to conk out, but after a few minutes of driving it would sort itself out but my guess is he drove it to the industrial estate to warm it up and so we didnt notice it doing that

gik

sharp75 wrote: »

If you notice he says Great value for money. Hes now telling me it was that price because it was trade clearence and sold as seen. Also he says it drives great well when I went to view it the dealer drove the car to an industrial estate to meet up and it was OK to drive, but when i bought it home and it had been stood a few hours i was driving it out of my street and it was driving as though the petrol was low and about to conk out, but after a few minutes of driving it would sort itself out but my guess is he drove it to the industrial estate to warm it up and so we didnt notice it doing that

Is there anything else you've not told us? You met him in an Industrial Estate...did that not ring alarm bells? Does he actually have a bricks and mortar business?

sharp75

To be honest I thought his business was based at the industrial estate, then he showed up with the car and we found out he did have a registered address but used the industrial estate for viewings. I have seen the amount of cars he is selling, there are loads so he is definatey a dealer, but alarm bells didnt ring about the industrial estate til after the sale by then it was too late but please excuse me for being gullable and taking the word of a man that seemed completely genuine

Geodark

I posted this on your other thread as well...

regardless of how much was paid or if the car had a warranty, if this guy is a dealer he has to still abide by soga! a dealer cannot sell a car as sold as seen. if he had said the car was spares and repairs only and could only be taken away by trailer then fine - but if he has sold it as ok and allowed it to be driven then the OP has rights!

gik

Do you have a bricks and mortar address for him that you know to be 100% true? If you do send him a letter before action as he has sold you an unroadworthy vehicle.

sharp75

Thankyou so much, the whole situation has really got me down its had me in bits. At times I feel like im to blame for having no knowledge but then i think surely he cant get away with selling such a car just because I was naive. Id been driving my kids round in that car and Im devastated that someone would allow a car like that to be sold as roadworthy and then be totally inconsiderate when i bring it to his attention that its infact un roadworthy.

sharp75

I do have his registered address, but i have been messaging him over the computer.He is being really inconsiderate and seems to be just treating it like I had a change of heart.
He says his stance is - It was sold without warranty and sold in good faith

unholyangel

sharp75 wrote: »

I do have his registered address, but i have been messaging him over the computer.He is being really inconsiderate and seems to be just treating it like I had a change of heart.
He says his stance is - It was sold without warranty and sold in good faith

Have you responded to him saying that there is legislation that applies? Namely the sale of goods act with this section

(2)Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.

And also the road traffic act, particularly this section:

(1)Subject to the provisions of this section no person shall supply a motor vehicle or trailer in an unroadworthy condition.
(2)In this section references to supply include—
(a)sell,
(b)offer to sell or supply, and
(c)expose for sale.

(3)For the purposes of subsection (1) above a motor vehicle or trailer is in an unroadworthy condition if—
(a)it is in such a condition that the use of it on a road in that condition would be unlawful by virtue of any provision made by regulations under section 41 of this Act as respects—
(i)brakes, steering gear or tyres, or
(ii)the construction, weight or equipment of vehicles,. . .
F1(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F2(b)it is in such a condition that its use on a road would involve a danger of injury to any person]

(5)A person who supplies or alters a motor vehicle or trailer in contravention of this section, or causes or permits it to be so supplied or altered, is guilty of an offence.