Have I messed up?

CozyKab

Good Evening all,

I've been an avid follower of these forums in the background for a long time, however have never had a reason to post.. until now!

Two months ago (as of yesterday!) I purchased a used vehicle for £1000 from a, as per autotrader and every other online rating system, reputable local car dealership.. a friend of mine even has a car on finance from there. I paid via debit card, for the full amount. The car was verbally sold to me as being well looked after by a mechanic and that all relevant work has been carried out. It came with a fresh MOT also. The AutoTrader advert did stipulate "sold as seen", have I messed up?

Fast forward, the car has now suffered with a "seized engine" due to not having an oil change, and also a dead turbo and left parked on my driveway. I have now lost out on more money as I am having to insure another vehicle that I was supposed to of sold to a family member (this vehicle isnt practical for me, either, hence the new purchase!)

I contacted consumer protection who advised me I am within my rights to request assistance, so I then contacted the garage who were (as expected) unhelpful and huffed & puffed when I quoted my new findings from the consumer guys. I left it there as it was evident they weren't interested, however I did receive a missed call from their manager. I have read online it's best to keep it to letters/emails, so I sent off the templated letter that consumer protection advised (14 x days etc), and left it as that.

Should I return the call, or keep it as is? Have I put myself in it with the sold as seen comment? Nowhere was the car advertised with faults, works of advice, spares or repair etc.. just that it had a small dent, which I was happy with. It was sold to me as being a well looked after car that is "rare to come by nowadays with it being an estate especially".

Thanks
- worried person!

stuartJo1989

Speak to the manager and see what they say. Then come back on here if they refuse to assist.

arcon5

You sure the turbo didn't fail causing a runaway? Engine seized and dead turbo are usually linked.

Your behaving very strangely by not returning the call then sending a letter.

Turbo failure on a banger isn't unknown. Depending on mileage and age may even be seen as wear and tear. Just unlucky that it took the engine with it.

What car and spec etc is it

ThumbRemote

CozyKab wrote: »

The AutoTrader advert did stipulate "sold as seen", have I messed up?

I'm far from an expert on cars, but it's worth picking up on this point: there is no legal basis for 'sold as seen' when you buy from a business.

This guide may also be of use to you: https://www.theaa.com/car-buying/legal-rights

nomoneytoday

For £1000, you're at the bangeromics end of the car buying spectrum.
I'd expect the car to start and stop, but it won't have a bumper to bumper gold plated warranty. After 2 months, the garage may help a little, but I wouldn't expect much.


Did you check the oil regularly?

[Deleted User]

nomoneytoday wrote: »

For £1000, you're at the bangeromics end of the car buying spectrum.
I'd expect the car to start and stop, but it won't have a bumper to bumper gold plated warranty. After 2 months, the garage may help a little, but I wouldn't expect much.


Did you check the oil regularly?

I agree. You have a responsibility to check the engine oil. It most likely failed due to low or no oil rather than the lack of an oil change itself.

An MOT doesn't show the car has been serviced and even if the previous owner had completed some maintenance its good practice to check oil, tyres etc weekly.

CozyKab

Hi all,

Just an update.

I sent the letter off acting on my partners behalf (the registered keeper), however received one back stating they would not deal with someone who is not the keeper, so a new letter was sent signed by my partner.

Letter received is from a lawfirm who specialises with the motor trade basically stating

"This car was taken in part exchange not mechanically checked or inspected sold as seen

You were therefore fully aware that you were purchasing a risk and that you were accepting that risk when you agreed to buy the car.

That said, the vehicle was structurally sound at the point of sale because it passed an MOT a few days beforehand. Despite the prominent warning sign given in the advertisement and despite it not mentioning having any service history, you seemingly waited until the car died before taking it for a service. Given all of the above and given the age of the car, its mileage and price paid as well as the fact that a turbo is a serviceable item, our client regards to advise that your request for repair is politely and respectfully declined".

In the letter sent, we did not mention the vehicle being dead. We stated it was advised it will die. How can I wait for the car to die before taking it for a service? I took it for a service to attempt to rectify the issues and receive advice. I can confirm the advertisement stated "sold as seen", nothing else.

In regards to the questions above, oil and tyres were checked and appeared fine. It took a qualified mechanic to ascertain there was an issue with the oil by investigating further.

Cheers

Warwick_Hunt

CozyKab wrote: »

Hi all,

Just an update.

I sent the letter off acting on my partners behalf (the registered keeper), however received one back stating they would not deal with someone who is not the keeper, so a new letter was sent signed by my partner.

Letter received is from a lawfirm who specialises with the motor trade basically stating

"This car was taken in part exchange not mechanically checked or inspected sold as seen

You were therefore fully aware that you were purchasing a risk and that you were accepting that risk when you agreed to buy the car.

That said, the vehicle was structurally sound at the point of sale because it passed an MOT a few days beforehand. Despite the prominent warning sign given in the advertisement and despite it not mentioning having any service history, you seemingly waited until the car died before taking it for a service. Given all of the above and given the age of the car, its mileage and price paid as well as the fact that a turbo is a serviceable item, our client regards to advise that your request for repair is politely and respectfully declined".

In the letter sent, we did not mention the vehicle being dead. We stated it was advised it will die. How can I wait for the car to die before taking it for a service? I took it for a service to attempt to rectify the issues and receive advice. I can confirm the advertisement stated "sold as seen", nothing else.

In regards to the questions above, oil and tyres were checked and appeared fine. It took a qualified mechanic to ascertain there was an issue with the oil by investigating further.

Cheers

Unless this was a trade sale or sold as a non runner and you took it away on a trailer that's rubbish.

photome

It reads as if you went in quoting legislation which may not have helped.

IMO would be best to have taken the call as you didn’t it would be a good idea to call them back.

George_Michael

Whilst it's correct that the garage can't rely on the "sold as seen" clause (and by attempting to do so, they are in fact breaking the law,) the letter you received is correct in part.

That said, the vehicle was structurally sound at the point of sale because it passed an MOT a few days beforehand. Despite the prominent warning sign given in the advertisement and despite it not mentioning having any service history, you seemingly waited until the car died before taking it for a service.

A cheap, old vehicle with no service history shouldn't really have been driven until basic checks had been carried out.
Even though it had a valid MOT, there are many things that this doesn't cover, one of which is engine oil.

For all you know, the level may have been well below the minimum or could have been badly contaminated and this could easily have lead to the engine/turbo failure.
Turbochargers contain fast moving parts and the supply of the correct oil in good condition is essential for these units.

NotRichAtAll

due to not having an oil change

a siezed engine is not really the result of not having an oil change, it is more in line with not checking the oil level yourself and making sure there was plenty oil in it.

How can I wait for the car to die before taking it for a service?

you did not have to wait did you? 1st thing you should of done when you got it home is start checking it over and book it in for a service.

you bought a banger it went bang.

to answer your original question Have I messed up? Yes you have.