Bought car with major fault .....

woolythoughts

Hi

Writing this on behalf of a neighbour who wants me to help writing a letter to a car salesman.

He bought a car about three weeks ago cash from a sole trader - a guy who sells cars from his house. Was listed in auto trader - at the moment I'm not sure if its a genuine business or someone flogging cars from their living room. I'm pretty sure this makes a difference.

Initially pleased but within 2-3 days, evidence of faulty valves developed and the car is now almost unusable without major engine work.

Trader says the car was sold as seen however neighbour has phoned up CAB and said it doesn't matter if the seller said "sold as seen" if its not first for purpose then he can reject the goods.

Does anyone have any advice on items to include in such a letter /wordings that can be used.

Is there a major difference if its an individual or a registered trader.

force_ten

the first thing you need to establish is the seller a trader or was it a private sale

the advice from CAB would apply to a trade sale but not to a private sale

woolythoughts

Hi

Thanks. That is what I thought.

We now know he listed in Auto trader as a trade seller and had his trade name in the add - so I think he would be a trade seller.

Thanks in advance

JustinR1979

How did faulty valves hide themselves for 2-3 days?
Maybe neighbour selected wrong gear and over revved it?
Just playing devils advocate, may have to answer questions like this

atrixblue.-MFR-.

private sale- only recourse if the car was not as described if was described as being faultless but evidently theres major mechanical fault with the engine then as it is not as described and you can persue for your money back.


traders posing as private sellers- individuals buying cars selling them on as private sales form a non business premises are regarded as traders in the eyes of legislation, the full weight of SOGA applies to them, although as the complainant its down tot you to prove they are a trader, by having evidence, evidence is such that you can find their Ebay selling history full of advertised vehicles, google the phone number and find frequent gumtree ads for vehicles for sale, sometimes it enough to scare a "sole trader" with strong worded letter to the effect of upon searching the internet, it seems you have allot of vehicle passing through you hands for sale, I deem you to be classed as a trader and not a private individual and thus SOGA applies to you as a trader and sold as seen is not applicable to limit your rights as a purchaser, (list of vehicle faults here) (what you want from the trader repair or refund) giving him 14days to reply, you will forward his information and evidence onto the relevant authorities Inc trading standards, HRMC etc if this has no effect the only recourse is to go to court.


actual registered trader, working from a home/registered business property, he is a trader and such should not limit your rights under soga by stating sold as seen, he may have just started this business, but he has obligations, persue like anyother motor dealer, go to court but if he folds before you go to court then money is lost and you cant recover moneys outstanding from a dissolved or bankrupt LTD company after they have dissolved bankrupted it.

colino

Best thing in any complaint, especially as this driveway dealer has already denied responsibility, is to actually have the fault properly diagnosed by a trusted, recommended, friendly, local, independent garage. No point wasting time and energy on a perfectly good car that needs an air filter change, however, good reason to get the big guns out if the car is a grenade.

force_ten

woolythoughts wrote: »

Hi

Thanks. That is what I thought.

We now know he listed in Auto trader as a trade seller and had his trade name in the add - so I think he would be a trade seller.

Thanks in advance

www.tradingstandardswales.org.uk/help/consumer-english

that is from wales trading standards and it will give you an idea of your rights but a quick search online should find the same info from your local trading standards

if it is a trade seller then they cant hide behind disclaimers to restrict your rights and a trader cant sell a car with sold as seen as a disclaimer

woolythoughts

Diagnosis has already been done by a garage. As soon as he or DH show up again I'll ask for the specific technical problem with it (I just understood the word valve).

The advert read:

BLACK, Next MOT due 30/07/2015, Electric cloth/leather 4way driver/2way front passenger adjustable sport seats, 7"x17" Belize alloy wheels, Electric front + rear windows - anti trap + one touch, Single slot CD, Automatic air conditioning with climate control, Tilt/reach adjustable steering column, Traction control, Black roof rails, Perimeter alarm, Remote control central/double locking, Electrically adjustable and heated door mirrors, Immobiliser, 4 spoke perforated leather multifunction sports steering wheel. 5 seats, in excellent condition and a lovely drive, well worth a look at this price, im sure first to see will buy, there are a few age related marks. px welcome open 9 am to 9 pm 7 days a week, £2,995


And was definitely listed in auto trader as a Trade sale. So we are at least positive he is a trader.

force_ten

JustinR1979 wrote: »

How did faulty valves hide themselves for 2-3 days?
Maybe neighbour selected wrong gear and over revved it?
Just playing devils advocate, may have to answer questions like this

depends what is wrong with the valves, if it is worn valve guides and valve seats causing smoke on start up hidden by the good old dealers trick of running the car before you get there to burn all the oil off

surely a rev limiter will cut in before any damaged is caused by over revving

JustinR1979

force_ten wrote: »

depends what is wrong with the valves, if it is worn valve guides and valve seats causing smoke on start up hidden by the good old dealers trick of running the car before you get there to burn all the oil off

surely a rev limiter will cut in before any damaged is caused by over revving

Go and put your car in 1st gear at 70mph and let us know what happens

woolythoughts

Sounds like a tank........ I just heard it arrive home.

It certainly didn't sound like a tank on collection.