sold as a 4x4 but missing propshaft do i have a claim?

Sophsters1982

forgotmyname wrote: »

Save yourself the hassle and get a used prop, they are cheap and then you will know if thats the only problem or if there is another issue.

That's our plan, I'm just not finding them very cheap

Sophsters1982

Ok so we've just heard back from the previous registered keeper, he traded the car in 18 months ago to a place in Cornwall. He said the car was running as a 4x4 then but there was occasional wind up in the transmission .

So then the car ended up at a dealers in Wales at some point within that time without the prop shaft. Does a dealer not have to register a car thats in their ownership?

BeenThroughItAll

Sophsters1982 wrote: »

Does a dealer not have to register a car thats in their ownership?

No, they do not.

Sophsters1982

BeenThroughItAll wrote: »

No, they do not.

Thats a shame, but they do have to do, and document pre-sale checks, would that include checking the underneath of the car and the transmission etc?

AdrianC

Sophsters1982 wrote: »

Thats a shame, but they do have to do, and document pre-sale checks, would that include checking the underneath of the car and the transmission etc?

No, they don't.

Sophsters1982

AdrianC wrote: »

No, they don't.

Hmmm The consumer protection from unfair trading act says...

'As part of your due diligence system
you should keep a full record of all
checks carried out on every vehicle.
Trading Standards staff (as well as your
customers) may wish to see such records
if they deem it necessary.'

So surely if it had been checked over properly i can call on the dealer to supply me with this info?

AdrianC

...which is different from having to do checks.

Sophsters1982

AdrianC wrote: »

...which is different from having to do checks.

ok i get what your saying. But....

'You should also take reasonable steps –
through the pre-inspection procedures
you have in place – to ensure that the
vehicles you sell are of satisfactory quality
and fit for their purpose under the SoGA,
taking into account the age, mileage,
condition, description and value of each
vehicle. If you systematically fail to carry
out such pre-sale mechanical checks, you
may breach the CPRs. Prospective buyers
should be made aware, prior to sale, of
any faults identified.'

So description... being that it was sold as a 4x4 but cant perform as one... i dont know maybe im clutching at straws here.

Next question... if the car was traded in around march 2014, and we bought it march 2015, its been with various traders for 12 months and has done 2000 miles. Would you say this is reasonable (it stayed in cornwall for around 9 months then to wales) or would i be right in thinking its been driven around without being taxed or registered?

forgotmyname

It says you should, not you MUST.

You will find a lot of dealers that do not look under a car.

If you take the dealer to court then they could claim that someone
stole the shaft off your car after you bought it.

gilbert_and_sullivan

Sophsters1982 wrote: »

Ok so we've just heard back from the previous registered keeper, he traded the car in 18 months ago to a place in Cornwall. He said the car was running as a 4x4 then but there was occasional wind up in the transmission .

?

So somebody managed to wind the transmission up, i think we know now why the prop is missing.