Faulty car sold by a trader

Tinymanbig

I purchased a car from a trader garage in rotherham. Day before purchasing I've came to view the car. I was taken on a test drive by the trader who was showing me the car and drive and the smotherness of drive.. I was happy with it as the car seemed perfect. We filled in some forms which the owner repersentated the form as invoice/ receipts of purchase of the car. However, as I didnt bring the money with on the day I told the owner of the garage I will be back the next day. When I came the following day I paid the owner money for the car and he provided the invoice in the plastic folder with the car logbook and keys and left the car for to drive off. I on the following few days from purchasing the car had issue with the car which I had the RAC recovery come out, who inspected the car and advised the car has an major defect which will cost more than the car which is worth. So on the following day I rung the trader who refused to acknowledge and also failed to help. So after research I knew the consumer goods return act 2015. You are able to return the goods within 30 days of purchase so I had now sent a letter for him to correspond to which he has refuse to accept and had been returned to the sender. In the invoice which was completed day before it was known as declaration form and which I later realised had addition notes as the car is unroadworthy/non runner and was sold as seen/ trade sale ?? I am pretty much stuck as I have invested £4600.00 I'm not sure what can I do

motorguy

Tinymanbig wrote: »

I purchased a car from a trader garage in rotherham. Day before purchasing I've came to view the car. I was taken on a test drive by the trader who was showing me the car and drive and the smotherness of drive.. I was happy with it as the car seemed perfect. We filled in some forms which the owner repersentated the form as invoice/ receipts of purchase of the car. However, as I didnt bring the money with on the day I told the owner of the garage I will be back the next day. When I came the following day I paid the owner money for the car and he provided the invoice in the plastic folder with the car logbook and keys and left the car for to drive off. I on the following few days from purchasing the car had issue with the car which I had the RAC recovery come out, who inspected the car and advised the car has an major defect which will cost more than the car which is worth. So on the following day I rung the trader who refused to acknowledge and also failed to help. So after research I knew the consumer goods return act 2015. You are able to return the goods within 30 days of purchase so I had now sent a letter for him to correspond to which he has refuse to accept and had been returned to the sender. In the invoice which was completed day before it was known as declaration form and which I later realised had addition notes as the car is unroadworthy/non runner and was sold as seen/ trade sale ?? I am pretty much stuck as I have invested £4600.00 I'm not sure what can I do

What fault has the car developed that is going to cost more than £4600 to repair?

Also make, model, year, miles of car.

Tinymanbig

It is an automatic gearbox which with dealers cost 5000-6000 and second hand 1000-1500 without fitting. And also other defects which would cost around repairing the car cost of 1200.00 which shows the car will cost me more

It is an Audi q7 2006 year

Aylesbury_Duck

You signed forms which stated the car was sold as seen and was a non-runner?

Did you drive the car at all on the test drive or were you driven around?

Tinymanbig

I signed the form however the non running and sold as seen was not stated ,,
I was not given the car to test drive. However the owner drove the car himself to re assure me the cars in perfect condition and is in working order

Aylesbury_Duck

You believe the notes were added sometime between you signing the form and collecting the car then?

Was there nothing on the demonstration drive to hint at the supposedly catastrophic problem that will cost thousands to fix? How did the dealer manage to hide it?

All of this will be looked at if you take him to court so I suggest you send a LBA stating that since he refuses to engage, you are left with no choice but to make a claim. You will need to convince the court that he knew of the problems and that the car was not as described. What did the advert say? Exact wording is needed here. If the car was described as in "perfect working order" for example, you have a stronger case. You'll also need to convince them that the notes about it being a non-runner were added after your signature.

chili1496

non running

if it were non running then how did he take you for a test drive?

I was not given the car to test drive

but you were taken on a test drive and you stated

I was happy with it as the car seemed perfect

http://www.theautomaticgearboxcompany.co.uk/pricelist/Audi.htm

motorguy

Tinymanbig wrote: »

I purchased a car from a trader garage in rotherham. Day before purchasing I've came to view the car. I was taken on a test drive by the trader who was showing me the car and drive and the smotherness of drive.. I was happy with it as the car seemed perfect. We filled in some forms which the owner repersentated the form as invoice/ receipts of purchase of the car. However, as I didnt bring the money with on the day I told the owner of the garage I will be back the next day. When I came the following day I paid the owner money for the car and he provided the invoice in the plastic folder with the car logbook and keys and left the car for to drive off. I on the following few days from purchasing the car had issue with the car which I had the RAC recovery come out, who inspected the car and advised the car has an major defect which will cost more than the car which is worth. So on the following day I rung the trader who refused to acknowledge and also failed to help. So after research I knew the consumer goods return act 2015. You are able to return the goods within 30 days of purchase so I had now sent a letter for him to correspond to which he has refuse to accept and had been returned to the sender. In the invoice which was completed day before it was known as declaration form and which I later realised had addition notes as the car is unroadworthy/non runner and was sold as seen/ trade sale ?? I am pretty much stuck as I have invested £4600.00 I'm not sure what can I do

So did you sign it with those notes on it, or did he add them later? What does your copy say?

It would weaken your case a little, but not by much - if you drove it away then the seller cant declare it a "trade sale / non runner".

I think go down the small claims route which would basically be :-

Issue a Letter Before Action

• Loads of templates about online, but basically state what has happened so far - factual description of events. Without reference to the line on the invoice, state that you were a private buyer, not trade and that you drove the car away from the sellers premises, after being given a full test drive with the seller.
• What you want - the car repaired OR the cost of a good, used gearbox refunded (attach quote) OR your money back
• When you want it by - within 14 days or 21 days or something reasonable
• What you will do if he doesnt comply and resolve to your full satisfaction - go ahead with the repairs quoted for and then pursue the seller for the cost and expenses through the small claims court.

Assuming he doesnt comply, then have the work done, raise a Moneyclaim online for the amount and take him to court for it.

You "should" win, assuming you have been reasonable (which you have), have given him reasonable options and a reasonable time to comply.

The trick will then be getting the money off him even when you do win....

AndyMc.....

What format is your defect evidence in? You'll need more than the RAC man thinks it's x and has verbally told you.

motorguy

AndyMc..... wrote: »

What format is your defect evidence in? You'll need more than the RAC man thinks it's x and has verbally told you.

Agreed. I'd get a formal diagnosis from an independent specialist.

The "RAC man" could have been nothing more than an agent for the RAC providing recovery services and may not be best placed to provide an accurate diagnosis.

Tinymanbig

I was taken on a test drive while I had been seated in the passenger, while the trader drove the car