Car dealer dispute

chillisorbet

Hi, I purchased a car from a registered dealer. The ad stated that the car is in perfect condition. I’ve had a few calls prior coming to the dealer, and was reassured that the car is roadworthy and ready to drive. The dealer did mention reluctantly that the check engine light came up a couple of weeks before, but nothing to be worried about (yes, I am aware what it could mean). At the time of sale, again, I was reassured that the car is absolutely fine. I did not get a chance to see the car before the sale, as everything was rushed. After paying the money (in cash, as they said their card machine is broken) and during signing the documents, I noticed a strange paper. The dealer was covering the top part and was rushing me to sign everything. It said that I acknowledge that the car is unroadworthy and should be towed. When prompted, the dealer again reassured that it’s just for their records and it does not apply to my car, as it passed MOT. I have not been given the copy of that paper. Also, the sale invoice stated "trade sale".

After the sale, I was taken to the car (again, very rushed), the key was in the ignition, and the car was ready to be driven away. I must mention that I had my two young children with me at the time (which the dealer really didn't care about, obviously - whether they will be injured or worse due to faults with the car). I did scan the error codes (after the sale), but it did not show anything comprehensive.

On the motorway, within 40min from the sale, the car went into limp mode, and I had to pull over. Called the dealer, they shouted at me that I saw what I signed and they don’t accept any returns. Slammed the phone down on me and were ignoring any communication.

The car was taken by RAC to the nearest garage, where it turned out to have major faults and costing over £1000 to repair (more than the price I paid for the car).

Long story short, I had a sheriff decision made in my favour because they didn’t send their reply to the court. They applied for recall of the decision. Now we have to go to court. How do I prove that I did not know that the car was unroadworthy? And that I was not given all information prior purchase?

facade

chillisorbet wrote: »

during signing the documents, I noticed a strange paper. The dealer was covering the top part and was rushing me to sign everything. It said that I acknowledge that the car is unroadworthy and should be towed.

Did you actually sign this paper that said you acknowledged that the car was unroadworthy and required trailering (it wouldn't have said towing)?

How do I prove that I did not know that the car was unroadworthy? And that I was not given all information prior purchase?

If you signed it after you read it, this will be rather difficult.

AndyMc.....

chillisorbet wrote: »

Hi, I purchased a car from a registered dealer. The ad stated that the car is in perfect condition. I’ve had a few calls prior coming to the dealer, and was reassured that the car is roadworthy and ready to drive. The dealer did mention reluctantly that the check engine light came up a couple of weeks before, but nothing to be worried about (yes, I am aware what it could mean). At the time of sale, again, I was reassured that the car is absolutely fine. I did not get a chance to see the car before the sale, as everything was rushed. After paying the money (in cash, as they said their card machine is broken) and during signing the documents, I noticed a strange paper. The dealer was covering the top part and was rushing me to sign everything. It said that I acknowledge that the car is unroadworthy and should be towed. When prompted, the dealer again reassured that it’s just for their records and it does not apply to my car, as it passed MOT. I have not been given the copy of that paper. Also, the sale invoice stated "trade sale".

After the sale, I was taken to the car (again, very rushed), the key was in the ignition, and the car was ready to be driven away. I must mention that I had my two young children with me at the time (which the dealer really didn't care about, obviously - whether they will be injured or worse due to faults with the car). I did scan the error codes (after the sale), but it did not show anything comprehensive.

On the motorway, within 40min from the sale, the car went into limp mode, and I had to pull over. Called the dealer, they shouted at me that I saw what I signed and they don’t accept any returns. Slammed the phone down on me and were ignoring any communication.

The car was taken by RAC to the nearest garage, where it turned out to have major faults and costing over £1000 to repair (more than the price I paid for the car).

Long story short, I had a sheriff decision made in my favour because they didn’t send their reply to the court. They applied for recall of the decision. Now we have to go to court. How do I prove that I did not know that the car was unroadworthy? And that I was not given all information prior purchase?

Because the dealer let you drive it away?

waamo

I did not get a chance to see the car before the sale.

There seems to be a familiar theme with these tales of woe.

tacpot12

AndyMc..... wrote: »

Because the dealer let you drive it away?

Er, that doesn't wash. The driver is responsible for whether or not the car is roadworthy. An MOT only confirms that a car was roadworthy at the time is was inspected, at all other times, it is upto the driver to determine whether or not the car is roadworthy.

Roadworthy means a specific thing though, and the MOT tests for roadworthiness, not an absence of faults. You car can be faulty and roadworthy at the same time; e.g. if your heated seats didn't work.

TheTalkingDead

What is so rare about this car that although red flags were going off in your mind, you didn't stop or walk away from the sale?


I cant believe people still walk into a traders yard not look around a car walk into the office and say i'll "buy it".
You're a rogue traders dream customer.

Mercdriver

Have you at least kept the ad? You've committed so cardinal sins here I think your chances aren't great and you may have to put it down to experience.

AndyMc.....

tacpot12 wrote: »

Er, that doesn't wash. The driver is responsible for whether or not the car is roadworthy. An MOT only confirms that a car was roadworthy at the time is was inspected, at all other times, it is upto the driver to determine whether or not the car is roadworthy.

Roadworthy means a specific thing though, and the MOT tests for roadworthiness, not an absence of faults. You car can be faulty and roadworthy at the same time; e.g. if your heated seats didn't work.

It does because it's an offence to sell an unroadworthy vehicle.

rockey100

When you buy from a dealership you are armed with Consumer Rights.
It means the dealer must repair the goods to a roadworthy condition or provide a full refund.
This applies to any car/price.
This applies mainly for the first 30 days of purchase then your rights begin to diminish.

Hope this helps.

DUTR

chillisorbet wrote: »

Hi, I purchased a car from a registered dealer. The ad stated that the car is in perfect condition. I’ve had a few calls prior coming to the dealer, and was reassured that the car is roadworthy and ready to drive. The dealer did mention reluctantly that the check engine light came up a couple of weeks before, but nothing to be worried about (yes, I am aware what it could mean). At the time of sale, again, I was reassured that the car is absolutely fine. I did not get a chance to see the car before the sale, as everything was rushed. After paying the money (in cash, as they said their card machine is broken) and during signing the documents, I noticed a strange paper. The dealer was covering the top part and was rushing me to sign everything. It said that I acknowledge that the car is unroadworthy and should be towed. When prompted, the dealer again reassured that it’s just for their records and it does not apply to my car, as it passed MOT. I have not been given the copy of that paper. Also, the sale invoice stated "trade sale".

After the sale, I was taken to the car (again, very rushed), the key was in the ignition, and the car was ready to be driven away. I must mention that I had my two young children with me at the time (which the dealer really didn't care about, obviously - whether they will be injured or worse due to faults with the car). I did scan the error codes (after the sale), but it did not show anything comprehensive.

On the motorway, within 40min from the sale, the car went into limp mode, and I had to pull over. Called the dealer, they shouted at me that I saw what I signed and they don’t accept any returns. Slammed the phone down on me and were ignoring any communication.

The car was taken by RAC to the nearest garage, where it turned out to have major faults and costing over £1000 to repair (more than the price I paid for the car).

Long story short, I had a sheriff decision made in my favour because they didn’t send their reply to the court. They applied for recall of the decision. Now we have to go to court. How do I prove that I did not know that the car was unroadworthy? And that I was not given all information prior purchase?

I cannot envisage any car being in perfect condition and costing so little.

chillisorbet

Thank you all for replies! Yes, obviously I did not expect the car to be in perfect condition. Although the ad stated that it is "an exceptional example" and never mentioned the check engine light. I do have the ad printed out. Also, I did own cars previously with check engine light and know from experience that it can mean from something very simple to something very complex.

But even then, that's not the point. As previously stated by someone, the Consumer Act gives me the right to ask for a full refund. My issue is that peace of paper that was signed in a very rushed sale - acknowledgement of the car being basically a trash. I did have my partner with me. I am not sure, how both our testimony against the dealer will count. The dealer wouldn't blatantly lie in court, no? They only try to push on that I knew what I was signing.