Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Tinymanbig
    • By Tinymanbig 12th Jan 19, 11:15 PM
    • 9Posts
    • 0Thanks
    Tinymanbig
    Faulty car sold by a trader
    • #1
    • 12th Jan 19, 11:15 PM
    Faulty car sold by a trader 12th Jan 19 at 11:15 PM
    I purchased a car from a trader garage in rotherham. Day before purchasing I've came to view the car. I was taken on a test drive by the trader who was showing me the car and drive and the smotherness of drive.. I was happy with it as the car seemed perfect. We filled in some forms which the owner repersentated the form as invoice/ receipts of purchase of the car. However, as I didnt bring the money with on the day I told the owner of the garage I will be back the next day. When I came the following day I paid the owner money for the car and he provided the invoice in the plastic folder with the car logbook and keys and left the car for to drive off. I on the following few days from purchasing the car had issue with the car which I had the RAC recovery come out, who inspected the car and advised the car has an major defect which will cost more than the car which is worth. So on the following day I rung the trader who refused to acknowledge and also failed to help. So after research I knew the consumer goods return act 2015. You are able to return the goods within 30 days of purchase so I had now sent a letter for him to correspond to which he has refuse to accept and had been returned to the sender. In the invoice which was completed day before it was known as declaration form and which I later realised had addition notes as the car is unroadworthy/non runner and was sold as seen/ trade sale ?? I am pretty much stuck as I have invested £4600.00 I'm not sure what can I do
Page 1
    • motorguy
    • By motorguy 12th Jan 19, 11:17 PM
    • 18,282 Posts
    • 11,185 Thanks
    motorguy
    • #2
    • 12th Jan 19, 11:17 PM
    • #2
    • 12th Jan 19, 11:17 PM
    I purchased a car from a trader garage in rotherham. Day before purchasing I've came to view the car. I was taken on a test drive by the trader who was showing me the car and drive and the smotherness of drive.. I was happy with it as the car seemed perfect. We filled in some forms which the owner repersentated the form as invoice/ receipts of purchase of the car. However, as I didnt bring the money with on the day I told the owner of the garage I will be back the next day. When I came the following day I paid the owner money for the car and he provided the invoice in the plastic folder with the car logbook and keys and left the car for to drive off. I on the following few days from purchasing the car had issue with the car which I had the RAC recovery come out, who inspected the car and advised the car has an major defect which will cost more than the car which is worth. So on the following day I rung the trader who refused to acknowledge and also failed to help. So after research I knew the consumer goods return act 2015. You are able to return the goods within 30 days of purchase so I had now sent a letter for him to correspond to which he has refuse to accept and had been returned to the sender. In the invoice which was completed day before it was known as declaration form and which I later realised had addition notes as the car is unroadworthy/non runner and was sold as seen/ trade sale ?? I am pretty much stuck as I have invested £4600.00 I'm not sure what can I do
    Originally posted by Tinymanbig

    What fault has the car developed that is going to cost more than £4600 to repair?

    Also make, model, year, miles of car.
    "We have normality. I repeat, we have normality. Anything you still can't cope with is therefore your own problem."
    • Tinymanbig
    • By Tinymanbig 12th Jan 19, 11:46 PM
    • 9 Posts
    • 0 Thanks
    Tinymanbig
    • #3
    • 12th Jan 19, 11:46 PM
    • #3
    • 12th Jan 19, 11:46 PM
    It is an automatic gearbox which with dealers cost 5000-6000 and second hand 1000-1500 without fitting. And also other defects which would cost around repairing the car cost of 1200.00 which shows the car will cost me more

    It is an Audi q7 2006 year
    • Aylesbury Duck
    • By Aylesbury Duck 13th Jan 19, 12:02 AM
    • 2,704 Posts
    • 3,588 Thanks
    Aylesbury Duck
    • #4
    • 13th Jan 19, 12:02 AM
    • #4
    • 13th Jan 19, 12:02 AM
    You signed forms which stated the car was sold as seen and was a non-runner?

    Did you drive the car at all on the test drive or were you driven around?
    • Tinymanbig
    • By Tinymanbig 13th Jan 19, 12:18 AM
    • 9 Posts
    • 0 Thanks
    Tinymanbig
    • #5
    • 13th Jan 19, 12:18 AM
    • #5
    • 13th Jan 19, 12:18 AM
    I signed the form however the non running and sold as seen was not stated ,,
    I was not given the car to test drive. However the owner drove the car himself to re assure me the cars in perfect condition and is in working order
    • Aylesbury Duck
    • By Aylesbury Duck 13th Jan 19, 10:46 AM
    • 2,704 Posts
    • 3,588 Thanks
    Aylesbury Duck
    • #6
    • 13th Jan 19, 10:46 AM
    • #6
    • 13th Jan 19, 10:46 AM
    You believe the notes were added sometime between you signing the form and collecting the car then?

    Was there nothing on the demonstration drive to hint at the supposedly catastrophic problem that will cost thousands to fix? How did the dealer manage to hide it?

    All of this will be looked at if you take him to court so I suggest you send a LBA stating that since he refuses to engage, you are left with no choice but to make a claim. You will need to convince the court that he knew of the problems and that the car was not as described. What did the advert say? Exact wording is needed here. If the car was described as in "perfect working order" for example, you have a stronger case. You'll also need to convince them that the notes about it being a non-runner were added after your signature.
    • chili1496
    • By chili1496 13th Jan 19, 11:02 AM
    • 94 Posts
    • 37 Thanks
    chili1496
    • #7
    • 13th Jan 19, 11:02 AM
    • #7
    • 13th Jan 19, 11:02 AM
    non running
    if it were non running then how did he take you for a test drive?

    I was not given the car to test drive
    but you were taken on a test drive and you stated

    I was happy with it as the car seemed perfect
    http://www.theautomaticgearboxcompany.co.uk/pricelist/Audi.htm
    Last edited by chili1496; 13-01-2019 at 11:08 AM.
    • motorguy
    • By motorguy 13th Jan 19, 11:12 AM
    • 18,282 Posts
    • 11,185 Thanks
    motorguy
    • #8
    • 13th Jan 19, 11:12 AM
    • #8
    • 13th Jan 19, 11:12 AM
    I purchased a car from a trader garage in rotherham. Day before purchasing I've came to view the car. I was taken on a test drive by the trader who was showing me the car and drive and the smotherness of drive.. I was happy with it as the car seemed perfect. We filled in some forms which the owner repersentated the form as invoice/ receipts of purchase of the car. However, as I didnt bring the money with on the day I told the owner of the garage I will be back the next day. When I came the following day I paid the owner money for the car and he provided the invoice in the plastic folder with the car logbook and keys and left the car for to drive off. I on the following few days from purchasing the car had issue with the car which I had the RAC recovery come out, who inspected the car and advised the car has an major defect which will cost more than the car which is worth. So on the following day I rung the trader who refused to acknowledge and also failed to help. So after research I knew the consumer goods return act 2015. You are able to return the goods within 30 days of purchase so I had now sent a letter for him to correspond to which he has refuse to accept and had been returned to the sender. In the invoice which was completed day before it was known as declaration form and which I later realised had addition notes as the car is unroadworthy/non runner and was sold as seen/ trade sale ?? I am pretty much stuck as I have invested £4600.00 I'm not sure what can I do
    Originally posted by Tinymanbig
    So did you sign it with those notes on it, or did he add them later? What does your copy say?

    It would weaken your case a little, but not by much - if you drove it away then the seller cant declare it a "trade sale / non runner".

    I think go down the small claims route which would basically be :-

    Issue a Letter Before Action
    • Loads of templates about online, but basically state what has happened so far - factual description of events. Without reference to the line on the invoice, state that you were a private buyer, not trade and that you drove the car away from the sellers premises, after being given a full test drive with the seller.
    • What you want - the car repaired OR the cost of a good, used gearbox refunded (attach quote) OR your money back
    • When you want it by - within 14 days or 21 days or something reasonable
    • What you will do if he doesnt comply and resolve to your full satisfaction - go ahead with the repairs quoted for and then pursue the seller for the cost and expenses through the small claims court.

    Assuming he doesnt comply, then have the work done, raise a Moneyclaim online for the amount and take him to court for it.

    You "should" win, assuming you have been reasonable (which you have), have given him reasonable options and a reasonable time to comply.

    The trick will then be getting the money off him even when you do win....
    Last edited by motorguy; 13-01-2019 at 11:16 AM.
    "We have normality. I repeat, we have normality. Anything you still can't cope with is therefore your own problem."
    • AndyMc.....
    • By AndyMc..... 13th Jan 19, 11:21 AM
    • 2,806 Posts
    • 1,743 Thanks
    AndyMc.....
    • #9
    • 13th Jan 19, 11:21 AM
    • #9
    • 13th Jan 19, 11:21 AM
    What format is your defect evidence in? You'll need more than the RAC man thinks it's x and has verbally told you.
    don't count your chickens before they're hatched
    • motorguy
    • By motorguy 13th Jan 19, 11:54 AM
    • 18,282 Posts
    • 11,185 Thanks
    motorguy
    What format is your defect evidence in? You'll need more than the RAC man thinks it's x and has verbally told you.
    Originally posted by AndyMc.....
    Agreed. I'd get a formal diagnosis from an independent specialist.

    The "RAC man" could have been nothing more than an agent for the RAC providing recovery services and may not be best placed to provide an accurate diagnosis.
    "We have normality. I repeat, we have normality. Anything you still can't cope with is therefore your own problem."
    • Tinymanbig
    • By Tinymanbig 13th Jan 19, 12:46 PM
    • 9 Posts
    • 0 Thanks
    Tinymanbig
    I was taken on a test drive while I had been seated in the passenger, while the trader drove the car
    • Tinymanbig
    • By Tinymanbig 13th Jan 19, 12:52 PM
    • 9 Posts
    • 0 Thanks
    Tinymanbig
    I
    I did not sign the copy with the information added on by the trader, at the time I signed it justed stated the car details. However, I can not prove that the form had been amended cause it had all taken place at the garage of the trader.
    He provided the document/invoice the following day in the envelope.
    Due to buying the car from the garage I had trust in the individual as he stated he has made an image with good reviews from his customer feedback
    • Aylesbury Duck
    • By Aylesbury Duck 13th Jan 19, 1:01 PM
    • 2,704 Posts
    • 3,588 Thanks
    Aylesbury Duck
    So you didn't take a copy for your own records? Oh well, just follow the advice above and you might persuade the trader to make good, or you might win in court and then you might get paid. Unfortunately there are no guarantees though.
    • AndyMc.....
    • By AndyMc..... 13th Jan 19, 1:05 PM
    • 2,806 Posts
    • 1,743 Thanks
    AndyMc.....
    I did not sign the copy with the information added on by the trader, at the time I signed it justed stated the car details. However, I can not prove that the form had been amended cause it had all taken place at the garage of the trader.
    He provided the document/invoice the following day in the envelope.
    Due to buying the car from the garage I had trust in the individual as he stated he has made an image with good reviews from his customer feedback
    Originally posted by Tinymanbig
    He can't sell you an unroadworthy vehicle and allow you to drive it away. So don't worry too much about the paperwork at this stage.
    don't count your chickens before they're hatched
    • david a
    • By david a 13th Jan 19, 9:29 PM
    • 159 Posts
    • 96 Thanks
    david a
    The fact that he has added these is in your favour.

    No court is going to believe that a car sold at that value is a non runner etc.

    This will be seen as an attempt to deny you your statutory rights. Which is a serious no no.

    As you have been advised send a letter before action. Donít send it recorded. Just get proof of postage from the Post Office.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

2,271Posts Today

8,905Users online

Martin's Twitter