Faulty Used Car

mike_the_bike_2

Don't want to put a downer on it but did they give you a receipt when you bought it..When ever I sell a car second hand privately I always issue a receipt (and keep a copy) which states "sold as seen and fully approved of"...Whilst I have never knowingly sold a car with faults this has always covered me in the event they blow the engine up that evening racing it or whatever and come back the next day wanting their money back...If the vendor put this in the receipt I'm afraid you will have a tough time persuading a judge otherwise in my opinion.

sweetnest

mike_the_bike wrote:

Don't want to put a downer on it but did they give you a receipt when you bought it..When ever I sell a car second hand privately I always issue a receipt (and keep a copy) which states "sold as seen and fully approved of"...Whilst I have never knowingly sold a car with faults this has always covered me in the event they blow the engine up that evening racing it or whatever and come back the next day wanting their money back...If the vendor put this in the receipt I'm afraid you will have a tough time persuading a judge otherwise in my opinion.

never received a receipt or signed for anything, which in this case is lucky.

mike_the_bike_2

Well playing devils advocate..How do I know you didn't pay £20 for it??..The courts have to make decisions based on evidence..If you have no receipt for the car that could be an issue..My advise would be

1) contact him again and ask for your money back

2) If this doesn't work send him a registered letter to his address saying subsequent to your phone call and not return of the money you are documenting the request and giving him 28 days to return the money or you will take him to the small claims court..Also advise that this cold result in a CCJ being issued against him..

3) If this doesnt work suggest you foret it and put it down to experience...sorry!

MarkyMarkD

If it cost £650 and the repairs are £500+VAT (which is £587.50) it really is not worth getting the repairs done and sueing for the loss, unless you believe that the £650 was a bargain price.

If the price was fair for its age and condition (apart from the fault), then you'd still be better off scrapping the car and starting afresh - there may be more faults you don't know about which become apparent at a later stage.

If you follow this route, you'd have to tell the vendor this is what you are going to do, and give him the chance to refund before you actually scrap the car. Then claim for the £650-scrap value with the supporting evidence of a written quote for the repairs (proving that the car actually had no residual value).

Fran

mike_the_bike wrote:

Don't want to put a downer on it but did they give you a receipt when you bought it..When ever I sell a car second hand privately I always issue a receipt (and keep a copy) which states "sold as seen and fully approved of"...Whilst I have never knowingly sold a car with faults this has always covered me in the event they blow the engine up that evening racing it or whatever and come back the next day wanting their money back...If the vendor put this in the receipt I'm afraid you will have a tough time persuading a judge otherwise in my opinion.

I don't agree with this because if you sell a car where the engine is that bad you must have known about it, so you have sold it "not fit for the purpose". I would still advise going for it, firstly amicably with the seller then if that doesn't work through the small claims court. There are too many car sellers selling crap cars and they shouldn't get away with it!

Bossyboots

Fran wrote:

I don't agree with this because if you sell a car where the engine is that bad you must have known about it, so you have sold it "not fit for the purpose". I would still advise going for it, firstly amicably with the seller then if that doesn't work through the small claims court. There are too many car sellers selling crap cars and they shouldn't get away with it!

Unfortunately buying from a private seller does not give you protection under the "not fit for purpose" rules. This only applies to buying from a trader. The rule is buyer beware and it is for the buyer to ensure the car is in a condition that correlates to the price.

This is an excerpt from trading standards advice

"The rule is 'let the buyer beware' when you buy from a private individual. It is up to you to find out whether the car is of satisfactory quality, to make your own checks on what you are told and to take responsibility for your choice, as the seller is not liable for the satisfactory quality of the vehicle."

It does go on to state that the car should be able to pass an MOT and it may be that the OP has a window of opportunity under that part to claim against the seller.

MORPH3US

Good luck with the small claim mate, hope you get it sorted.

Just being slightly cautious, have you had the car checked by a 2nd mechanic (independant of the first) to make sure they aren't trying it on.

My girlfriends car was overheating a while ago and the garage told us to replace the cylinder head, thermostat, pump etc etc costing over £600.

We just replaced the thermostat ourselves and (touch wood) its been fine since - cost about £15 all together and an hour of my time!!

M

sweetnest

MORPH3US wrote:

Good luck with the small claim mate, hope you get it sorted.

Just being slightly cautious, have you had the car checked by a 2nd mechanic (independant of the first) to make sure they aren't trying it on.

My girlfriends car was overheating a while ago and the garage told us to replace the cylinder head, thermostat, pump etc etc costing over £600.

We just replaced the thermostat ourselves and (touch wood) its been fine since - cost about £15 all together and an hour of my time!!

M

that was the first thought that went through my mind (i`m very untrusting) but we have been to this garage for years and they have been honest, as far as we are aware. It was our mechanic that told us to go back to the seller etc and kick up, so i do think he`s being genuine.

Anyhow. the car is in the garage right now and the mechanic is giving it a thorough visual inspection so we will know more of the extent of the faults.

Dave_G_5

It depends how far the headgasket has gone, but if it was only starting to go then it is possible that the seller didn't know about it whereas a garage would have the equipment to check for this quite easily.

Fran

Bossyboots wrote:

Unfortunately buying from a private seller does not give you protection under the "not fit for purpose" rules. This only applies to buying from a trader. The rule is buyer beware and it is for the buyer to ensure the car is in a condition that correlates to the price.

This is an excerpt from trading standards advice

"The rule is 'let the buyer beware' when you buy from a private individual. It is up to you to find out whether the car is of satisfactory quality, to make your own checks on what you are told and to take responsibility for your choice, as the seller is not liable for the satisfactory quality of the vehicle."

It does go on to state that the car should be able to pass an MOT and it may be that the OP has a window of opportunity under that part to claim against the seller.

The Trading Standards Website also says:

"You are still entitled to expect the car to be 'as described', so if the advertisement says '1992 Ford Fiesta', it should be exactly that. Remember, though, that it may be much more difficult for you to enforce your rights against a private individual.

Whether you buy privately or from a trader, you are entitled to expect the vehicle to be capable of passing an MOT test when you buy it (unless you and the seller clearly agree it is to be sold as scrap).

You can also expect the seller to have 'good title' to the vehicle. In other words, to be the owner or authorised by the owner to sell. If you buy a car later found to be stolen, you have no legal right to keep it. You will have to try to get your money back from the seller."
.

Ie, it still should be fit for the purpose. If going to small claims court it is also worth seeing what the Road Traffic Act has to say.