Faulty Used Car

sweetnest

We bought a used Rover 414 on Sat for only £650, we bought it privately. It was advertised as in good condition. We have not driven this car since saturday as i wanted a garage to check it for safety.

We booked the car in for a service yesterday and the mechanic has told us the head gasket has gone and various other things and the repair bill will be at least £500 without VAT, he said this fault would have been obvious when the bloke sold us the car.

I have been in touch with the CAB and it looks like i could sue for misrepresentation of the car as my husband did ask him if the car had any major faults, he said no.

My question is, do you think we stand a chance in the small claims court for the £500 or should we cut our losses and sell the car on ebay stating the faults with the car.

We did phone the seller last night and his wife said he would phone us back, but he hasnt.
Thanks

Savvy_Sue

For all things car, visit Honest John - the Back Room forum is very helpful.

Bossyboots

This is why I always try to get friends and family to buy through a dealer, even if it costs more initially. The two people who did not take my advice both bought donkeys, the repairs for which cost them more than the forecourt price of an equivalent road worthy car.

Your rights in relation to buying a car privately are set out on this page http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0003-1011.TXT

nadnad

good luck!

Fran

Though it's a while ago I've twice taken people to the small claims court when I bought second hand cars through the local paper. It was worth it both times, the only thing was it took about 6-9 months each time (though it may be quicker now, I suppose it depends on how busy they are).

sweetnest

thanks
I have drafted a letter ready to send to the seller and letting him know that i could/would sue etc
I honestly dont know how some people can be so dishonest. I`d be happy if he at least acted ignorant but offered to help towards the repairs.

Well, i was trying to be a money saver, but it certainly backfired this time !!

sweetnest

Fran wrote:

Though it's a while ago I've twice taken people to the small claims court when I bought second hand cars through the local paper. It was worth it both times, the only thing was it took about 6-9 months each time (though it may be quicker now, I suppose it depends on how busy they are).

Fran, thanks for your input, i really didnt think it would work as i realize that it is buyer beware with 2nd hand cars etc, but even i thought that this couldnt be right. You have given me the confidence now to go for it.

Did you get the repairs done and claim the damages or did you sell the cars then sue for any loss ??

I will be sueing on the online small claims, they say that they send the papers the same day as the claim is received.

wobbley

It's depends on the wording in the advert. If it was advertised as good condition and had a major 'known' fault at the time of the sale then you have a strong case for asking the vendor to cough up the cost of repair. SAVE the advert, whatever, it may be crucial later. Make sure that a phrase such as 'sold as seen' was not in the ad too. (unless you're a mechanic or just want a car for spares never touch a car with that in the ad! A few years ago a friend had just this scenario but it was a Landrover and the brakes were unroadwothy. As this was not pointed out in the ad and it was described as 'good condition' he was awarded the cost of repairs against the vendor. I believe it was the Small Claims Court he used. In all I think you would have a good case.
Regarding the head gasket, it's unlikely that this went unnoticed. Oil in the water, water in the oil, loss of power, blowing, bad MPG, uneven running. More than likely he sold it because of the faults and will not be too surprised to see you back.

sweetnest

I have the advert here (auto trader) it states in GOOD CONDITION new belts, some history etc, my husband asked about any faults and was just told that the front brake pad was binding. He mentioned NOTHING about this major fault.

I am drafting out the letter to him again, not sure if i should "reject" the car under the sale of goods act, or just ask for the repair cost, mind you, at the end of the day the reapir cost could come to more than the price of the car.

Bossyboots

sweetnest wrote:

I have the advert here (auto trader) it states in GOOD CONDITION new belts, some history etc, my husband asked about any faults and was just told that the front brake pad was binding. He mentioned NOTHING about this major fault.

I am drafting out the letter to him again, not sure if i should "reject" the car under the sale of goods act, or just ask for the repair cost, mind you, at the end of the day the reapir cost could come to more than the price of the car.

If you read my link, you will see that the section on rejecting goods applies to when you bought it from a trader.

sweetnest

Bossyboots wrote:

If you read my link, you will see that the section on rejecting goods applies to when you bought it from a trader.

thanks, bossyboots, i will ammend that in my letter, i`ll just go for the repairs.