Used car is not fit for purpose

millerc

dannyrst wrote: »

Sounds dodgy.

You need a written confirmation from the garage you had take a look at the car to confirm that in their opinion, it is highly likely that the damage was done prior to you buying the car. This will make any claim from them that it is wear and tear irrelevant.

I'd also be discussing the fact that they claim this is a private sale? Did you pay cash or card? Why do you have receipts from a company if it is a private sale?

Thank you Dannyrst. The independent assessment report quotes:

"Tech report – carried out diagnostics and found all injector seals blowing by. Blow by causes carbon build up. Found EGR Valve stuck open. New valve required. Found excessive play in turbo. Oil strainer blocked causing oil starvation. New oil strainer and turbo required."

Re: Private Sale. Completely agree I was never given the impression that this was a private sale. Company A advertised the car and I emailed a query which Company A responded to and I have text msgs from Company A regarding viewing arrangements. I paid £800 cash which was from the sale of my previous car (which I have a receipt for) and £1600 on a credit card. I did not notice at the time that the receipt was payment to Company B. The father who dealt with the transaction told me it was because his son was away and never said this was a private sale from him.

Thanks.

millerc

macman wrote: »

Why didn't you run a mile when the 'dealer' failed to show up and sent someone else in his place?

Hi Macman, because it was his father who gave a plausible reason for the son's absence. Also, they have proper office facilities on the father's vast private home which also has several holiday cottages that he rents out. At no time did the father refer to this being a private sale. There were several other cars being advertised by Company A as well.

millerc

Have found out that Company B is a member of the RMI. I have spoken to the RMI and they may be able to negotiate with Company B on my behalf. Citizens Advice have been excellent but I am also going to seek legal advice. I can't speak directly to Trading Standards apparently as CAB say this isn't a serious enough issue. However, they have passed the information onto Trading Standards which I hope they will look into further.

I am really appreciative of all the comments and help I've been given via this forum. I will update you with the final outcome.

Many thanks,
Chris

dannyrst

millerc wrote: »

Thank you Dannyrst. The independent assessment report quotes:

"Tech report – carried out diagnostics and found all injector seals blowing by. Blow by causes carbon build up. Found EGR Valve stuck open. New valve required. Found excessive play in turbo. Oil strainer blocked causing oil starvation. New oil strainer and turbo required."

Re: Private Sale. Completely agree I was never given the impression that this was a private sale. Company A advertised the car and I emailed a query which Company A responded to and I have text msgs from Company A regarding viewing arrangements. I paid £800 cash which was from the sale of my previous car (which I have a receipt for) and £1600 on a credit card. I did not notice at the time that the receipt was payment to Company B. The father who dealt with the transaction told me it was because his son was away and never said this was a private sale from him.

Thanks.

OK so who is the receipt from and what letterhead is it on (if any)?

As for the part paid on Credit Card, you paid Company B. Hopefully, the cash was paid to them too because this would mean your entire claim is against Company B. Ignore them stating that this is a private sale, it cannot be if you have receipts from a company.

millerc

Hello everyone,

I just wanted to post an update.

I took your comments on board, along with advice from the CAB (It is not possible to speak direct to trading standards on this apparently but the CAB do pass on details of the case to trading standards who may or may not follow up). I did a bit more research and found some further paperwork in the name of Company B. I also discovered Company B was a member of the RMI. I put together a letter outlining my legal position as I see it, together with the additional information, evidence that supported this was not a private sale.

It wasn't easy but long story short, Company A stepped up and collected the vehicle on 27th November 2015. It was returned repaired on 15th December 2015. This has not been at any cost to me. The car seems to be okay and certainly drives better than previously.

This has been an horrendous ordeal. I have learnt a harsh lesson. During this time my father-in-law passed away who lived 170 miles away. However, I am grateful to have had the support and advice of this forum and the CAB. I hope that by detailing this experience on this forum it might just help someone avoid getting into the situation I should have been more careful about getting into in the first place. But hindsight is a wonderful thing.

Cheers,
Chris

WellKnownSid

Good news, and thank you for taking the time to update the forum.