Advice on car purchase

fred246

sweetsand said:

fred246 said:

Your only option now is the small claims court. Forgot all about the warranty. They are almost always useless. How quickly did you realise that the clutch had gone? Did you give the seller an opportunity to fix it himself? If a trader sells a car it must work. It can't be defective. How long did you have the car and how many miles did you do. The seller can deduct money for your usage. If the car was obviously sold with a worn out clutch that will be obvious in court. Going to court is always a gamble. Judges are a bit random. You have a much greater chance than 'the regulars' on here suggest. They never learn the law.

How can "small claims court help" when the OP has clearly told you they went ahead having the car repaired without the seller or warranty people having a look at it??

We don't have quite enough detail but if the seller said "have the car fixed and then claim on the warranty" then the trader has given incorrect advice. The trader knows a warranty will never pay up. The trader should then pay the bill. If the buyer just had it fixed without contacting the seller then it's different.

sweetsand

fred246 said:

sweetsand said:

fred246 said:

Your only option now is the small claims court. Forgot all about the warranty. They are almost always useless. How quickly did you realise that the clutch had gone? Did you give the seller an opportunity to fix it himself? If a trader sells a car it must work. It can't be defective. How long did you have the car and how many miles did you do. The seller can deduct money for your usage. If the car was obviously sold with a worn out clutch that will be obvious in court. Going to court is always a gamble. Judges are a bit random. You have a much greater chance than 'the regulars' on here suggest. They never learn the law.

How can "small claims court help" when the OP has clearly told you they went ahead having the car repaired without the seller or warranty people having a look at it??

We don't have quite enough detail but if the seller said "have the car fixed and then claim on the warranty" then the trader has given incorrect advice. The trader knows a warranty will never pay up. The trader should then pay the bill. If the buyer just had it fixed without contacting the seller then it's different.

Fred, with respect, which part of and I quote the OP;s post you did not understand??

!!I bought a used car end of June (14 plate astra) the clutch went so I got it fixed at a cost of £720. I contacted the seller who said he would try and claim it back from the warranty company, ""
The Op clearly states they went ahead and reapired without the seller or warranty looking at the car - so who in their right mind would pay out as no one knows if it was the whole clutch needed replacing, just a bit of it, or nothing if you see what I mean.
Sdly, the OP in their haste made a fundamental error one they recognise but it happens and warranty people don't need ecuses.
Thanks

fred246

We need the OP to clarify the exact sequence of events. Did they contact the seller and give them an opportunity to fix it or did they just get it fixed without contacting them?

sweetsand

fred246 said:

We need the OP to clarify the exact sequence of events. Did they contact the seller and give them an opportunity to fix it or did they just get it fixed without contacting them?

Fred, the events are clear enough even one of the others tried to tell you, but I will leave you to it -"small claims court" they'd lol's the case out of court.

fred246

Well I agree that they need to have given the seller a chance to fix it but I still don't think it's clear exactly what happened. The dealer could have said "get it fixed and we'll claim on the warranty". If he did then the OP would win in court.

sweetsand

fred246 said:

Well I agree that they need to have given the seller a chance to fix it but I still don't think it's clear exactly what happened. The dealer could have said "get it fixed and we'll claim on the warranty". If he did then the OP would win in court.

Fred, honestly, with respect and please feel free to agree that the warranty people and dealers do not need an excuse. The OP posted honestly and stated they went ahead with the repair -  in all honesty how does the warranty people know if the car was every had a clutch problem etc or it was something minor or nothing just a scenrio and not as it happend to the OP
If you still feel its a small claims court chance then sobeit but i for one dont want to waste the OP time and hopes.
What counts is you are sincere and that is worth a lot in my books
x

Mercdriver

sweetsand said:

fred246 said:

We need the OP to clarify the exact sequence of events. Did they contact the seller and give them an opportunity to fix it or did they just get it fixed without contacting them?

Fred, the events are clear enough even one of the others tried to tell you, but I will leave you to it -"small claims court" they'd lol's the case out of court.

Not necessarily.  They may find for the plaintiff but order payment of less than the claim.  The issue with the claim is proving that the issue was there at time of purchase because it is a wear and tear item.  

sweetsand

Mercdriver said:

sweetsand said:

fred246 said:

We need the OP to clarify the exact sequence of events. Did they contact the seller and give them an opportunity to fix it or did they just get it fixed without contacting them?

Fred, the events are clear enough even one of the others tried to tell you, but I will leave you to it -"small claims court" they'd lol's the case out of court.

Not necessarily.  They may find for the plaintiff but order payment of less than the claim.  The issue with the claim is proving that the issue was there at time of purchase because it is a wear and tear item.  

I just hope the OP does not wate their time you are antitled to your opinion but I have a lot of experience in certain areas and will only pursue somehting where there is at least a 50% chance of winning. I wish i was wrong but I'm not and sadly OP stands no chance in court.

onlyfoolsandparking

sweetsand said:

Mercdriver said:

sweetsand said:

fred246 said:

We need the OP to clarify the exact sequence of events. Did they contact the seller and give them an opportunity to fix it or did they just get it fixed without contacting them?

Fred, the events are clear enough even one of the others tried to tell you, but I will leave you to it -"small claims court" they'd lol's the case out of court.

Not necessarily.  They may find for the plaintiff but order payment of less than the claim.  The issue with the claim is proving that the issue was there at time of purchase because it is a wear and tear item.  

I just hope the OP does not wate their time you are antitled to your opinion but I have a lot of experience in certain areas and will only pursue somehting where there is at least a 50% chance of winning. I wish i was wrong but I'm not and sadly OP stands no chance in court.

Could you be 50% wrong and 50% right maybe?

Grumpy_chap

sweetsand said:

I will only pursue somehting where there is at least a 50% chance of winning. 

Unlike the absurd arguements you pursue in these threads.