Private car sale, Buyer rights, Ford with TCM fault.
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shaun_from_Africa wrote: »Well if that's what the writers at Which believed to be true, I wouldn't trust anything else that they wrote.
The SOGA did cover private sales, it's just that not all of it applied.
The only thing SOGA gave you protection for with a private sale is if the seller lied. The Consumer Rights Act which replaced it and is even tighter than SOGA for protection offers the exact same protections. What is in the CRA for private sales is what was in SOGA. The reason private sellers are not held to the same standards as a business is because it is unreasonable to expect them to be knowledgeable about what they're selling other than from an end user point of view. It is not reasonable to expect every car owner who sells their car to be a motor vehicle engineer who has disassembled the vehicle and carried out a full invasive inspection.shaun_from_Africa wrote: »Well if that's what the writers at Which believed to be true, I wouldn't trust anything else that they wrote.
The SOGA did cover private sales, it's just that not all of it applied.
Given that the first several pages of Google search results give exactly the same advice as Which? including government and CAB ones, I guess you'll not trust anything they say as well? Who are you going to trust then if you don't trust official sources, government departments that enforce trading law, charities that are there to help those in trouble and motoring organisations?0 -
The only thing SOGA gave you protection for with a private sale is if the seller lied.
If you are going to try to correct others, you really should try to make sure that what you post is totally correct as the SOGA did not only give you protection if the seller lied.
The act also stated that the seller must have the legal right to sell the goods concerned.
Are you saying that that I was wrong and Which were correct in stating that the SOGA did not cover private sales?
Could you post a link to one of the government websites that clearly states that the SOGA did not cover private sales in any way.
As for the CAB.
No, I very rarely trust them as they do make a fair few errors on their website.
They are still stating that it is illegal to open mail intended for another person which on its own, is not illegal.
https://www.citizensadvicebroxbourne.org/advice-page.php?page=%2Fdevelopment%2Fold-post%2Fpost%2Fproblems-with-post%2Fproblems-with-post-delivery%2Fyour-post-is-being-opened-or-tampered-with%2FIt is against the law to open mail that is intended for someone else. It is also against the law for an employee of Royal Mail to open or tamper with items of post.0 -
Yes I have forscan as well, but do not work on fords very much,I have Forscan for my Mondeo/MX5, it doesn't show a date stamp for when they occur in that.
the last one I worked was a diesel, had to replace the Actuator due to the variable veins on the Turbo sticking, removed turbo oven cleaned the veins and a happy ford LOLWe may not win by protesting, but if we don’t protest we will lose.
If we stand up to them, there is always a chance we will win.0 -
This was from the Which website not eBay.
https://www.which.co.uk/consumer-rights/advice/the-second-hand-car-i-bought-has-a-problem-what-are-my-rights
and the fact will be, he brought a cat D with no MOT, I would buy something like this (not a ford with a auto box) and know the risk, you cannot have your cake and eat it too.
And any court of law will see this,
The bottom line is, does he want to waste his time and money.
You must describe the used car accurately so as not to mislead buyers. If they ask about the car, you should answer truthfully.
You don't have to volunteer information about faults, although wed never suggest you sell a used car if you know it is dangerous to drive.
The Sale of Goods Act 1979 gives protection when someone is buying from a dealer, but doesn't cover private sales. So, provided that you've been honest in your dealings, a buyer has little legal comeback if the car develops any faults.
Legally, a buyer has few options for redress against a private seller. If you described the car fairly and it was yours to sell, there is little he or she can do even if it breaks down and requires expensive repairs. Unless the buyer can prove that the car was unroadworthy on the day of sale, you need not offer to help.
However, if you described the car as having, say, a year's MOT when it was actually about to expire, the buyer would be due compensation.
So back to, Does the IDS show fault history, this will be the Silver bullet, as it will show when the fault first appeared.
Sold as seen is a myth
Shouldn’t that be gave?0 -
AndyMc..... wrote: »Shouldn’t that be gave?
not sure, i'm a mechanic,We may not win by protesting, but if we don’t protest we will lose.
If we stand up to them, there is always a chance we will win.0 -
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Thank you I'm fairly new and learning all the time.AndyMc..... wrote: »Consumer Rights Act replaced it in 2015.We may not win by protesting, but if we don’t protest we will lose.
If we stand up to them, there is always a chance we will win.0
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