Faulty car repair refund

unholyangel

davidwood123 wrote: »

Well the £350 worth of repairs were made to it to get it through the MOT and be roadworthy.
As it was your car it is your responsibility to have a roadworthy vehicle and you gave them the go ahead to do said repairs.

Actually its illegal to sell, offer to sell or expose for sale an unroadworthy car unless they take all reasonable steps to ensure any prospective buyer knows that using it in its current condition would be unlawful.

Given OP tells us:

I stupidly took the car after myself and my partner were assured this is a car they have worked on for many years and it would be faultless and a good buy.

It sounds very much as if the garage were going to sell the car as is and if the car was unroadworthy (bearing in mind only certain things make a car unroadworthy - such as brakes or steering) the trader has committed a criminal offence.

stigseviltwin

My thoughts on it generally are that the garage have failed in their end of the contract I see the sale and the repairs as one binding agreement due to them receiving a benefit from it. As they've refunded the cost of the vehicle I see that as an admission of liability. Since the vehicle has been returned essentially the garage have now made profit on a vehicle that's not fit for purpose

bris

The car has basically been scrap from day one, as a consumer you weren't to know this and accepted a professionals opinion, fair enough.


The car was never fit for purpose regardless of the cost and since 30 days hadn't passed you are entitled to reject the vehicle. As a result of the failures you are also entitled to all reasonable losses due to the breach of contract.


Consequential losses would include the repairs, tax and insurance since you never benefited from any of that the lost LPG and possibly even the day off work if you can prove it's cost you money, getting sick pay for that day is not a loss.


Your next step is to add up those losses and present it to the seller, if they don't agree accept what they pay you under protest, make sure the receipt says this and not full and final settlement.


You can then go to the small claims court for the difference between what they refunded you and what you got.

stigseviltwin

Bris, thanks, this I think is agreeing with what I'm thinking. As bad as it sounds I'm happy to just get my £350 and forget all about it unless of course they don't pay up and then I'm definitely looking into going for a lot more than £350.

I'm so gutted a garage I've took my car to for years has done this to me. Spent an absolute fortune there and always so trusting of them but no way I'd go back after that

takman

stigseviltwin wrote: »

Don't you worry about that david I will do. I've got enough money sitting in the bank to buy about 8 £500 cars but I'm just about done saving for a deposit for my first home so maybe you shouldn't think the amount of money people are buying cars for is a direct relation to how well they are doing in life as you obviously do.

I came on this to look for some advice on how to resolve an issue I already know a bit about not for a life lesson on some of the actions I've taken in the past few weeks in relation to spending so as stated if you have some expertise to add please do if not please don't waste my time

Your buying a house with only a £4000 deposit?, that must be a really cheap house. I hope you have inspected it more than you did when buying your cheap car.


The garage sound abit dodgy and it seems there was not a private seller like you said considering you never met them and paid the garage directly.
For a £500 car you should have inspected it more throughly and tested the LPG while on the test drive. I also would have got them to put a 12 monts MOT on it before it bought it considering they said it needed no work doing to it.

unholyangel

takman wrote: »

Your buying a house with only a £4000 deposit?, that must be a really cheap house. I hope you have inspected it more than you did when buying your cheap car.


The garage sound abit dodgy and it seems there was not a private seller like you said considering you never met them and paid the garage directly.
For a £500 car you should have inspected it more throughly and tested the LPG while on the test drive. I also would have got them to put a 12 monts MOT on it before it bought it considering they said it needed no work doing to it.

Failing to see what relevance the deposit has on the house value unless you know the LTV. Some mortgages don't require a deposit, would you assume those houses are free?

Likewise, value is subjective to location. In one place £100,000 might buy you a 4 bedroom semi detached in a nice area while in a big city, you might be lucky if it would buy a hellhole studio apartment.

takman

unholyangel wrote: »

Failing to see what relevance the deposit has on the house value unless you know the LTV. Some mortgages don't require a deposit, would you assume those houses are free?

Likewise, value is subjective to location. In one place £100,000 might buy you a 4 bedroom semi detached in a nice area while in a big city, you might be lucky if it would buy a hellhole studio apartment.

100% Mortgages are very rare these day's and extremely difficult to get. 5% Deposit is usually the lowest you can put down to get a choice of a few lenders and even then the rate will be very high, so it would be pretty silly to put down a 5% deposit.


Most first time buyers put down a 20% deposit so i think its resonable to assume a £4000 is extremely low because this statement would apply to most first time buyers.

unholyangel

takman wrote: »

100% Mortgages are very rare these day's and extremely difficult to get. 5% Deposit is usually the lowest you can put down to get a choice of a few lenders and even then the rate will be very high, so it would be pretty silly to put down a 5% deposit.


Most first time buyers put down a 20% deposit so i think its resonable to assume a £4000 is extremely low because this statement would apply to most first time buyers.

Its not just for 100% mortgages, ex-council tenants taking advantage of the right to buy usually don't need a deposit/the full deposit due to the discount they receive reducing the LTV.

Granted the right to buy ended last year but they're still processing applications that were submitted before the end date so also possible OP might fall within that category or just have a high LTV mortgage in an area that isn't extortionate.

agrinnall

takman wrote: »

Your buying a house with only a £4000 deposit?, that must be a really cheap house.

It could be half the deposit if the OP is buying with someone else.

stigseviltwin

It could also be a deposit for a house around 80k and if you put another 500 to it 90k but that's as a newbie to it all so IL see how I go with that. I live in Scotland there's 4 bedroom houses in that price range and loads of 3 bedroom but that's another matter for another forum on another day.

Takman thanks for your comments that's the sort of areas of this argument I'm worried about I've been far too trusting on this occasion not like me at all. IL have a think about it but the issue I have is I don't even know if the car was insured for a test drive and the nearest LPG station was 9 miles away. They could easily have tried that out before letting me near it in my opinion