Just bought a used car... all gone wrong - what next?

[Deleted User]

So, long story short, I bought a used car from a local man about 3 weeks ago. A week after purchase, the airbag light came on. I've just had it checked by a local auto-electricians, and one of the airbags needs replacing... cost £1100!

I phoned up the seller, and reported the problem 2 weeks ago, and he was quite dismissive - just told me that "it wasn't like that when you bought it". (If it was, I wouldn't have bought it!)

I thought originally that the guy who sold it to me was a private seller, but a little more digging shows that he's regularly selling cars - I've found three listings so far with his same mobile number. Also, that he took my old MOT-failure car as part exchange off the price (and signed the "If you're transferring this car to a motor dealer..." section of the V5, not the "transfer of keeper" bit.

So, my questions are thus...

1. Even though he's only one man, with no business premises, does that still make him a dealer?
2. If he is a dealer (and not a private individual), does this mean that I can pursue him for a refund under Sale of Goods Act? (and subsequently through the courts if needs be)
3. What would you suggest as my next steps?

DUTR

billbennett wrote: »

So, long story short, I bought a used car from a local man about 3 weeks ago. A week after purchase, the airbag light came on. I've just had it checked by a local auto-electricians, and one of the airbags needs replacing... cost £1100!

I phoned up the seller, and reported the problem 2 weeks ago, and he was quite dismissive - just told me that "it wasn't like that when you bought it". (If it was, I wouldn't have bought it!)

I thought originally that the guy who sold it to me was a private seller, but a little more digging shows that he's regularly selling cars - I've found three listings so far with his same mobile number. Also, that he took my old MOT-failure car as part exchange off the price (and signed the "If you're transferring this car to a motor dealer..." section of the V5, not the "transfer of keeper" bit.

So, my questions are thus...

1. Even though he's only one man, with no business premises, does that still make him a dealer?
2. If he is a dealer (and not a private individual), does this mean that I can pursue him for a refund under Sale of Goods Act? (and subsequently through the courts if needs be)
3. What would you suggest as my next steps?

If you had the car a while then I'm sure you would get a 2nd opinion on the symptoms, what car is it?

darkmatter101

Problem is that the airbag light came on a week AFTER purchase so you don't really have any proof against the person who sold you the car.

It could have just been an unfortunate coincidence that the problem occurred right after you bought it. Let say he was a tradesman (dealer), even then I don't think you have a strong case against him unfortunately.

What car is it? Perhaps there was a recall done

BeenThroughItAll

darkmatter101 wrote: »

[STRIKE]Problem is that the airbag light came on a week AFTER purchase so you don't really have any proof against the person who sold you the car.

It could have just been an unfortunate coincidence that the problem occurred right after you bought it. Let say he was a tradesman (dealer), even then I don't think you have a strong case against him unfortunately.

What car is it? Perhaps there was a recall done[/STRIKE]


It's your own fault. You should have bought an M3. Everyone knows they're immune to all known mechanical faults.

Fixed that for you.

forgotmyname

Report him to the trading standards and get the fault repaired cheaper because your unlikely to get any money from him.

£1100 for an airbag?? Almost new rolls royce or something?

Weird_Nev

It is worth getting the Airbag light reset. The warning can get triggered by knocking the connector. A proper diagnostics tool should be able to tell you which airbag is triggering the warning, and you can then check/clean that connector (Get a specialist to do it! Don't go poking around with airbag systems yourself)

Clear fault, clean connector, see if fault reoccurs.

(Sorry, I have no practical advice on dealing with the 'dealer'. I think seeing as it's a second hand car and the fault occurred when it was yours, you have little recourse).

Nodding_Donkey

darkmatter101 wrote: »

Problem is that the airbag light came on a week AFTER purchase so you don't really have any proof against the person who sold you the car.

It could have just been an unfortunate coincidence that the problem occurred right after you bought it. Let say he was a tradesman (dealer), even then I don't think you have a strong case against him unfortunately.

What car is it? Perhaps there was a recall done

Why are you giving people advice that is blatantly wrong?

If a fault occurs in the first six months then the dealer has to prove that it wasn't pre-existing. The purchaser doesn't have to prove it.

arcon5

What's the cars age mileage price and model?

whether someone is a private seller or a trader is a matter of fact, not choice.

Doesn't necessarily mean you do or don't have rights
to this and that though.

the quote though is ridiculous, go to a local place for a second opinion.

DUTR

Nodding_Donkey wrote: »

Why are you giving people advice that is blatantly wrong?

If a fault occurs in the first six months then the dealer has to prove that it wasn't pre-existing. The purchaser doesn't have to prove it.

That sounds as blatantly wrong as the posts you are mocking.
Why not refer us to the legislation that refers this 6 months thing?
There is a fault symptom showing and that needs sorting out, the fighting with the seller can come afterwards.

DUTR

arcon5 wrote: »

What's the cars age mileage price and model?

whether someone is a private seller or a trader is a matter of fact, not choice.

Doesn't necessarily mean you do or don't have rights
to this and that though.

the quote though is ridiculous, go to a local place for a second opinion.

Not so, the light can come on for a host of reasons, it could simply be a connector dislodged from moving or placing items under the seat or loom damage, the airbag itself may not need replacing and hence the cost much leass than reaplcing the whole system.

antrobus

DUTR wrote: »

That sounds as blatantly wrong as the posts you are mocking.
Why not refer us to the legislation that refers this 6 months thing?
..

However, the responsibility is on the dealer to prove that the car was of satisfactory quality when you bought it, if you discover the fault within the first six months

http://www.adviceguide.org.uk/england/consumer_e/consumer_cars_and_other_vehicles_e/consumer_problems_with_the_car_you_bought_e/the_car_you_bought_is_faulty.htm

I believe it is from Part 5A of the Sale of Goods Act 1979.