misold dangerous car

Lrob_2

Hi everyone, I'm looking for a bit of advice please.
Six weeks ago I bought a used car from a small garage and since then it's just been dreadful. Basically, I checked the history of the car and inspected it when buying it, they had also just carried out a service and it seemed to be in very good conditions - totally clean MOT etc. A week later the power steering failed and they took it back and repaired it under the months warranty. They took a week to do this then returned the car saying everything was fixed and it was all okay.
The next time we used the car (it's not used for commuting) we noticed it was very noisy, contacted the garage again and they said it was fine, it had all been checked over and serviced - there were no faults. I was sceptical about this so took it to the garage we normally use who have told us the car is dangerous and not roadworthy. In fact it would fail an MOT on at least 10 points - the handbrake, suspension and even the airbags are not functional. They have said that with the sheer number of serious problems with it, it's is not even worth repairing. I contacted the garage we bought it from again and they said this is all false and the car is fine, but then offered to repair it. I've spoken to citizens advice who said I had to speak to the garage again and if they still wouldn't help, send a recorded delivery letter with the complaints.
So this morning I spoke to them, and now they are trying to tell me we didn't buy the car from them, someone sold it privately from their garage and its nothing to do with them. I reckon this is probably because we have less rights if it's private as opposed to trade. However this is totally untrue - the car was in their garage, the receipt and invoice is on their headed paper, the money was paid to them and they have already had the car back for a repair under warranty. They are trying to say that one of the guys we dealt with when buying the car didn't actually work for them - despite the fact he was there in the garage with them every time we went - and that it's him that has sold it, privately.
I am still going to send the letter as citizens advice suggested but I don't really know what else to do about this. Any information would be great because they now seem to be trying to get out of any responsibility.

rich13348

Chances are the garage will duck and dive any attempt at mediation so chances are the only hope you have will be to take them to court with your independent report and all the evidence you have. Chances are when you do win they will still not pay up and you will have to involve baliffs to recover your loss.

In the meantime don't drive, although it sounds like you never would again, and follow the citizens advice bureau advice.

arcon5

What does it say on the invoice?
I think they'd struggle to persuade a court of this

dlm

Send them a notice before action giving 28 days to rectify the matter, or refund you for the car. I would suggest maybe the latter is better if unmerchandisable. Even a private buyer has a legal obligation to make sure a vehicle is safe if not sold for repair/parts.

You can get a quote from your normal garage, plus 2 others for quotes on the repair work if you want to keep the car. It will be the kind of evidence that you will need for court. If need be, you can go throught the small claims court. I would advise to upgrade to high court if he is going to be a runner.

Lrob_2

The invoice is in the name of the garage, and signed by the manager of the garage (the same guy who is now saying it's nothing to do with him.)
I've already gotten a quote from another big national garage, they have also said it's not worth repairing because of the sheer amount of damage to it. They also queried if it had been in an accident but there is no evidence of it having been. It would need a new axle, new suspension, full new break system, airbags and all sorts of major things.
I have now sent the letter as citizens advice suggested, hopefully this will make them get their act together but I am doubtful. Citizens advice have also informed trading standards. Is small claims court the best option if this isn't resolved?

Tilt

Have you formally rejected the car and asked for a full refund? If not, you need to do that first BUT on no account use the car or have anything done to it after posting the rejection letter.

bigjl

How did you inspect the car?

The problems you are mentioning should have been obvious before purchase?

And an idea of the price paid, link to the advert and the age and make/model of he car would be handy.

You mention the rear axle, which makes me think it is a Citroen or Peugeot that had the common bearing problem with the rear axle which due to the fact it was easier to change the axle for a good used one or reconditioned one often has the axle changed. It is way to spot as the rear wheels lean inwards at the top.

Though many owners drive for years with them like that as it can pass an MOT up to a point but will wear tyres oddly.

Lrob_2

Yes I've rejected it and asked for a refund. He hung up the phone on me after saying 'im not interested.'
I won't be touching the car, I haven't since it was checked and we found out all of the problems. It's just a deathtrap.

bigjl

dlm wrote: »

Send them a notice before action giving 28 days to rectify the matter, or refund you for the car. I would suggest maybe the latter is better if unmerchandisable. Even a private buyer has a legal obligation to make sure a vehicle is safe if not sold for repair/parts.

You can get a quote from your normal garage, plus 2 others for quotes on the repair work if you want to keep the car. It will be the kind of evidence that you will need for court. If need be, you can go throught the small claims court. I would advise to upgrade to high court if he is going to be a runner.

Not really.

A private buyer must be honest when asked about specific problems.

Other than that it is buyer beware.

bigjl

Lrob wrote: »

Yes I've rejected it and asked for a refund. He hung up the phone on me after saying 'im not interested.'
I won't be touching the car, I haven't since it was checked and we found out all of the problems. It's just a deathtrap.

Any info on the car?

As advice is very different depending on price paid.

If you paid £1500 for a 5 yr old Fiesta then you can't expect much as if the car had cost £6500.

AdrianC

If they're giving it the "You didn't buy it from us" and "We're not interested", then you're going to need to take them to court to get anywhere at all.

Is it worth it? I'm presuming this was a <£1k car.

At the moment, you have no more than differing opinions of two garages. Amongst all the other issues, surely you saw the airbag light was either staying on, or wasn't coming on then going out when you started the car?