Sell a car at a loss, can I claim the loss back?

bettingonmycats

I was sold a car and the dealership were very "sold as seen. It's part ex to clear. Once you buy it we can't do anything about it."

So once I got the car, it started to play up after a few days so got it checked in a garage within a few weeks of purchase and it confirmed a lot of serious issues ABS, BSI, A/C and others.

But because I didn't know anything about consumer rights and the garage drilled into my head once it's mine it's not their problem. I had to sell the car at a £2k loss without contacting them...

Paid in person, via dealership, debit card. 

Proof of issues found within 30 days via diagnostics sheets.

Would I be able to recover this with small claims? I have already contacted dealership and they are not going to pay as I didn't contact them.

bettingonmycats

I should add I sold the car 2 months after purchase, asked them for payment a month after that. So 3 months later from buying the car.

born_again

Sold as seen means nothing. You still have your consumer rights on the purchase.

Given you did not give them a chance. Can't see anyway you could claim the difference between bought & sold price.

MyRealNameToo

Even if the car was perfect you'd expect to sell it at a loss simply because people are willing to pay dealers more than private sellers on the idea it's been checked over, they have consumer rights etc. 

Removing the complexities of the fact you didnt give them an opportunity to resolve it I still struggle to see you being able to recover all the loss anyway. 

Okell

No - I don't think you can claim anything.  You should have gone back to the dealer.

You can complain to CAB and ask them to refer it to Trading Standards as I think it's a criminal offence - enforceable by Trading Standards - for a dealer to sell anything to a consumer "sold as seen".  But that won't help you get any money back...

bettingonmycats

So them trying to skirt around my rights and make it seem like they won't play any part after it leaves the lot means nothing? Such an expensive mistake to learn from... 

Alderbank

As above, you still have your consumer rights.

But those rights are very specific. After the first month, your rights are to return the car to the seller for him to repair (or replace, if he is able to). If he can't repair it, or he can't do it in a reasonable time or without significant inconvenience to you, you can then tell him to keep the car and give you your money back (he can retain a small amount for the use you have had of the car).

Citroen's Body Systems Interface (BSI) is prone to getting itself into a pickle which then starts warning indicators flashing and other strange effects. Did you go through the ritual dance to reset it?
The dance steps are:

1. Open the driver's side window
2. turn the ignition off and remove the key
3. open the bonnet and wait 3 minutes
4. disconnect the battery for about 15 seconds
5. reconnect it and wait a further 10 seconds
6. next, do not open any doors, but switch on the side lights through the driver's window
7. turn on the ignition, and check functionality. 

You should then be good to go (until the next time).

The garage who told you about all those serious issues like the A/C, was it them who offered to buy the car for £2K less than you paid?

Any chance of buying the car back for what you paid then enforcing your consumer rights with the seller?

Aylesbury_Duck

bettingonmycats said:

So them trying to skirt around my rights and make it seem like they won't play any part after it leaves the lot means nothing? Such an expensive mistake to learn from... 

Did you go back to the selling dealer at all, before selling the car?  It seems not, from your description of events.  If that is the case, they've got a pretty easy defence, which is that you didn't even tell them about the fault.

They can try and skirt around your rights but that doesn't remove your rights.  Had you come here for advice as soon as the problems emerged you may have had a different outcome, or at least advice on how to try and get the car fixed at the seller's expense if they were being difficult.

Aylesbury_Duck

Alderbank said:

As above, you still have your consumer rights.

But those rights are very specific. After the first month, your rights are to return the car to the seller for him to repair (or replace, if he is able to). If he can't repair it, or he can't do it in a reasonable time or without significant inconvenience to you, you can then tell him to keep the car and give you your money back (he can retain a small amount for the use you have had of the car).

Citroen's Body Systems Interface (BSI) is prone to getting itself into a pickle which then starts warning indicators flashing and other strange effects. Did you go through the ritual dance to reset it?
The dance steps are:

1. Open the driver's side window
2. turn the ignition off and remove the key
3. open the bonnet and wait 3 minutes
4. disconnect the battery for about 15 seconds
5. reconnect it and wait a further 10 seconds
6. next, do not open any doors, but switch on the side lights through the driver's window
7. turn on the ignition, and check functionality. 

You should then be good to go (until the next time).

The garage who told you about all those serious issues like the A/C, was it them who offered to buy the car for £2K less than you paid?

Any chance of buying the car back for what you paid then enforcing your consumer rights with the seller?

Good grief, what a song and dance!  I wonder who figured out all of those steps?

Good question about the diagnosing garage...I have a feeling you are onto something.

Okell

Did it not cross your mind at all to go back to the dealer and to complain?

Didn't the garage who checked it out for you suggest you went back to the dealer?  Or did they offer to buy it to take it off your hands?

I think your best bet is CAB and ask to refer to Trading Standards.  If - and this is a big "if" - TS have had enough complaints about this dealer they might decide to prosecute them.  If they do and they are successful, you might be able to get some compensation from the court - but I'm not sure about that.

Go to CAB and ask them.  They're basically the customer facing side of TS these days.

The only other alternative is what @Alderbank said - try to get the car back and go to the dealer and try to enforce your consumer rights.  But that might be easier said then done as the dealer obviously has no regard for consumer rights by selling cars "Sold as seen - no comeback"

the_lunatic_is_in_my_head

Consumer rights is one avenue however the CRA does not it doesn't prevent the consumer from seeking other remedies. 

Not sure how a claim for damages would go where a consumer has (wrongly) been told sold as seen and then later found out that not to be true.

The DMCC notes where a misleading practice has occurred the rights to redress are:

(a)a right to unwind in respect of a relevant contract or consumer payment;

(b)a right to a discount in respect of a supply of a product under a relevant contract;

(c)a right to damages in respect of financial loss, distress or physical inconvenience or discomfort.

Speak to CAB* OP and ask them if you can seek the loss under the DMCC. 

*Not sure whether they are knowledgeable enough to answer this but don't think we are either. 

Worth a note if this is a dodgy back street car dealer odds of winning and odds of seeing the money are two different things.