advice please - bought faulty car
Discussion
Denis O said:
Usual b
ks here about 6 month warranties and dealers have to give 3 months warranty.
Your process should be as follows:
Attempt to get dealer to rectify the problem. You've tried this and met with a brick wall. Not good as this shows what the dealer is really like.
Have a chat with consumer direct. They'll give good advice but have no teeth to fight anything for you.
Trading Standards won't give a toss so don't bother.
Threaten dealer with small claims court. He probably won't give a toss but go through the motions anyway.
Take dealer to small claims court. He'll immediately change the court location to his area.
Once the process starts it goes on for ages with vast amounts of bullst from the dealer.
Prior to court date you will be offerred arbitration and some mental retard will attempt to get a mutual settlement without the court case. The retard will say things to the other party that you have expressly told him/her not to. The other party will either agree to a settlement (and then not do anything that was agreed) or not.
Either way you then go to court and the dealer won't turn up.
Eventually you'll get your judgement and then thedealer will pay up ......whoops, got that bit wrong. The dealer will not pay up, he'll more than likely close his business and start up again elsewhere to fleece unsuspecting punters.
You will have wasted 9 months to a year of your life dealing with toothless quangos and a scuumbag car dealer. You'll have spent more money and you'll still have a car that has a knackered HG but not to worry, you'll have a judgement against said scumbag car dealer.
Unless it's for a significant amount and you believe that the dealer has the wherewithall to cough up I would consider very carefully as to whether you should tread this path. For £500 to change the HG I wouldn't put myself through this process.............again.
I suspect this is the case, can you legally park outside the dealership? if the answer is yes park it there, buy some stick on plastic letters and write on the car exactly what has happened, lock it up and leave it, everyone will see it as they vist his showroom.ks here about 6 month warranties and dealers have to give 3 months warranty.Your process should be as follows:
Attempt to get dealer to rectify the problem. You've tried this and met with a brick wall. Not good as this shows what the dealer is really like.
Have a chat with consumer direct. They'll give good advice but have no teeth to fight anything for you.
Trading Standards won't give a toss so don't bother.
Threaten dealer with small claims court. He probably won't give a toss but go through the motions anyway.
Take dealer to small claims court. He'll immediately change the court location to his area.
Once the process starts it goes on for ages with vast amounts of bulls
t from the dealer.Prior to court date you will be offerred arbitration and some mental retard will attempt to get a mutual settlement without the court case. The retard will say things to the other party that you have expressly told him/her not to. The other party will either agree to a settlement (and then not do anything that was agreed) or not.
Either way you then go to court and the dealer won't turn up.
Eventually you'll get your judgement and then the
You will have wasted 9 months to a year of your life dealing with toothless quangos and a scuumbag car dealer. You'll have spent more money and you'll still have a car that has a knackered HG but not to worry, you'll have a judgement against said scumbag car dealer.
Unless it's for a significant amount and you believe that the dealer has the wherewithall to cough up I would consider very carefully as to whether you should tread this path. For £500 to change the HG I wouldn't put myself through this process.............again.
N7GTX said:
Once you have spoken with CAB (Citizens Advice Bureau) they will forward your complaint to the Trading Standards Office for the area you bought the car from (if it is different form where you live).
The 'warranty' is 6 months on all used cars from a dealer, not private sales but do not expect him to pay for brake pads or tyres (wear items) after 5 months 29 days.
The dealer is playing the usual game of trying it on with you hoping you do not know the law. He must, by law, Sale of Goods Act 1982, repair the car at HIS expense or give you a full refund. You can also claim for a loan car for the period it is off the road being repaired.
Personally, I would try for the refund, walk away and deal with someone you can trust.
Utter twaddle I'm afraid. The summary by Denis O above is pretty accurate.The 'warranty' is 6 months on all used cars from a dealer, not private sales but do not expect him to pay for brake pads or tyres (wear items) after 5 months 29 days.
The dealer is playing the usual game of trying it on with you hoping you do not know the law. He must, by law, Sale of Goods Act 1982, repair the car at HIS expense or give you a full refund. You can also claim for a loan car for the period it is off the road being repaired.
Personally, I would try for the refund, walk away and deal with someone you can trust.
rumple said:
Denis O said:
Usual bks here about 6 month warranties and dealers have to give 3 months warranty.
Your process should be as follows:
Attempt to get dealer to rectify the problem. You've tried this and met with a brick wall. Not good as this shows what the dealer is really like.
Have a chat with consumer direct. They'll give good advice but have no teeth to fight anything for you.
Trading Standards won't give a toss so don't bother.
Threaten dealer with small claims court. He probably won't give a toss but go through the motions anyway.
Take dealer to small claims court. He'll immediately change the court location to his area.
Once the process starts it goes on for ages with vast amounts of bullst from the dealer.
Prior to court date you will be offerred arbitration and some mental retard will attempt to get a mutual settlement without the court case. The retard will say things to the other party that you have expressly told him/her not to. The other party will either agree to a settlement (and then not do anything that was agreed) or not.
Either way you then go to court and the dealer won't turn up.
Eventually you'll get your judgement and then thedealer will pay up ......whoops, got that bit wrong. The dealer will not pay up, he'll more than likely close his business and start up again elsewhere to fleece unsuspecting punters.
You will have wasted 9 months to a year of your life dealing with toothless quangos and a scuumbag car dealer. You'll have spent more money and you'll still have a car that has a knackered HG but not to worry, you'll have a judgement against said scumbag car dealer.
Unless it's for a significant amount and you believe that the dealer has the wherewithall to cough up I would consider very carefully as to whether you should tread this path. For £500 to change the HG I wouldn't put myself through this process.............again.
I suspect this is the case, can you legally park outside the dealership? if the answer is yes park it there, buy some stick on plastic letters and write on the car exactly what has happened, lock it up and leave it, everyone will see it as they vist his showroom.ks here about 6 month warranties and dealers have to give 3 months warranty.Your process should be as follows:
Attempt to get dealer to rectify the problem. You've tried this and met with a brick wall. Not good as this shows what the dealer is really like.
Have a chat with consumer direct. They'll give good advice but have no teeth to fight anything for you.
Trading Standards won't give a toss so don't bother.
Threaten dealer with small claims court. He probably won't give a toss but go through the motions anyway.
Take dealer to small claims court. He'll immediately change the court location to his area.
Once the process starts it goes on for ages with vast amounts of bulls
t from the dealer.Prior to court date you will be offerred arbitration and some mental retard will attempt to get a mutual settlement without the court case. The retard will say things to the other party that you have expressly told him/her not to. The other party will either agree to a settlement (and then not do anything that was agreed) or not.
Either way you then go to court and the dealer won't turn up.
Eventually you'll get your judgement and then the
You will have wasted 9 months to a year of your life dealing with toothless quangos and a scuumbag car dealer. You'll have spent more money and you'll still have a car that has a knackered HG but not to worry, you'll have a judgement against said scumbag car dealer.
Unless it's for a significant amount and you believe that the dealer has the wherewithall to cough up I would consider very carefully as to whether you should tread this path. For £500 to change the HG I wouldn't put myself through this process.............again.
Roo said:
Firstly, there is no such thing as a mandatory warranty. What he does have though is his rights under the sale of goods act.
Ring the garage he bought it from and get them to fix it.
As for the MOT if the car has subsequently been worked on you've got no proof that the MOT wasn't legit. You would need to complain to VOSA about that one.
Roo, I know you're a car dealer yourself, so bearing that in mind, what would you say to / expect from the dealer in question here?Ring the garage he bought it from and get them to fix it.
As for the MOT if the car has subsequently been worked on you've got no proof that the MOT wasn't legit. You would need to complain to VOSA about that one.
Clivey said:
Roo, I know you're a car dealer yourself, so bearing that in mind, what would you say to / expect from the dealer in question here?
The car appears to be very competitively priced for its age and mileage.If I was the dealer I'd get it back and have a look to make sure the diagnosis is correct and that it hasn't been caused by abuse by the OP.
If that stacked up I'd fix it and apologise for the inconvenience.
Roo said:
The car appears to be very competitively priced for its age and mileage.
If I was the dealer I'd get it back and have a look to make sure the diagnosis is correct and that it hasn't been caused by abuse by the OP.
If that stacked up I'd fix it and apologise for the inconvenience.
Sorry, I didn't mean to ask what you would do as a dealer; I meant: "What would you say to a dealer to get things resolved if you were in the OP's situation?" I.E. What do you say to persuade a dealer to help you out?If I was the dealer I'd get it back and have a look to make sure the diagnosis is correct and that it hasn't been caused by abuse by the OP.
If that stacked up I'd fix it and apologise for the inconvenience.
Clivey said:
Roo said:
The car appears to be very competitively priced for its age and mileage.
If I was the dealer I'd get it back and have a look to make sure the diagnosis is correct and that it hasn't been caused by abuse by the OP.
If that stacked up I'd fix it and apologise for the inconvenience.
Sorry, I didn't mean to ask what you would do as a dealer; I meant: "What would you say to a dealer to get things resolved if you were in the OP's situation?" I.E. What do you say to persuade a dealer to help you out?If I was the dealer I'd get it back and have a look to make sure the diagnosis is correct and that it hasn't been caused by abuse by the OP.
If that stacked up I'd fix it and apologise for the inconvenience.
As mentioned by others the alternative is to get the car fixed and sue the dealer.
Twenty years in the trade and I have always been more inclined to help those that are reasonable and polite than the 'shouty, I know my rights' brigade.
Be sensible and clear in what you expect. But don't be unreasonable.
In this case the OP would be well within his rights to expect the car to be repaired by the dealer if the circumstances are as mentioned.
Roo said:
Basically I'd point out the above.
As mentioned by others the alternative is to get the car fixed and sue the dealer.
Twenty years in the trade and I have always been more inclined to help those that are reasonable and polite than the 'shouty, I know my rights' brigade.
Be sensible and clear in what you expect. But don't be unreasonable.
In this case the OP would be well within his rights to expect the car to be repaired by the dealer if the circumstances are as mentioned.
As mentioned by others the alternative is to get the car fixed and sue the dealer.
Twenty years in the trade and I have always been more inclined to help those that are reasonable and polite than the 'shouty, I know my rights' brigade.
Be sensible and clear in what you expect. But don't be unreasonable.
In this case the OP would be well within his rights to expect the car to be repaired by the dealer if the circumstances are as mentioned.
I'm the same (part of my job is building / selling built-to-order computer systems). If someone comes back with a problem, my reputation is worth more than any potential saving made by not remedying the issue.
As you say, the problem comes when you get shouty "I know my rights!" customers and, from the other side of the fence, dodgy dealers who don't care, rip people off then reopen the business under another name when it all catches-up with them. The problem arrives when as a customer you end-up inadvertently dealing with the latter.
I think in the case of a headgasket going shortly after sale on a normal retail, normally priced sale the vast majority of dealers would do something about it unless it was a really cheap banger.
Personally, the only situation where I wouldn't is if I thought the car had been abused. In any case, I'd request the customer brings it back so I can inspect it myself. The first rule you quickly learn dealing with cars is never believe anything any so called "experts" or other garages your customers may take their cars to as they frequently either do not know what they are doing or are motivated for other reasons to give the customer an enourmous list of things supposedly wrong with it.
To echo other posts - the reason dealers will try and be reasonable with customers is because they are in it for the long term and wish to build a good reputation and customer base - not because of the good old SoGA some people on the internet think is solve-all miracle.
The truth is, any slightly iffy dealer who wants to sell cars with no comeback can. All they do is ensure the selling entity never has any real assets and if a few court cases have built up after a year or so simply close it and use another one.
The only time you will ever see any money via going to court using the SoGA is if you are dealing with a legitimate dealer who is an established business and has genuine assets and pays its bills. Such a dealer is likely to be reasonable in the first place and therefore not likely to need to go to court unless the customer is completely unreasonable (in which case the dealer will win anyway).
Personally, the only situation where I wouldn't is if I thought the car had been abused. In any case, I'd request the customer brings it back so I can inspect it myself. The first rule you quickly learn dealing with cars is never believe anything any so called "experts" or other garages your customers may take their cars to as they frequently either do not know what they are doing or are motivated for other reasons to give the customer an enourmous list of things supposedly wrong with it.
To echo other posts - the reason dealers will try and be reasonable with customers is because they are in it for the long term and wish to build a good reputation and customer base - not because of the good old SoGA some people on the internet think is solve-all miracle.
The truth is, any slightly iffy dealer who wants to sell cars with no comeback can. All they do is ensure the selling entity never has any real assets and if a few court cases have built up after a year or so simply close it and use another one.
The only time you will ever see any money via going to court using the SoGA is if you are dealing with a legitimate dealer who is an established business and has genuine assets and pays its bills. Such a dealer is likely to be reasonable in the first place and therefore not likely to need to go to court unless the customer is completely unreasonable (in which case the dealer will win anyway).
Some good points above, three are an increasing number of dealers who are setting up limited companies and shutting them down once they have accumilated many pending problems/court cases.
Unfotunate for customers and other dealers who cannot compete as they are under cutting them.
As cars get more difficult and expensive to fix this will become more prevelant.
Unfotunate for customers and other dealers who cannot compete as they are under cutting them.
As cars get more difficult and expensive to fix this will become more prevelant.
Edited by POORCARDEALER on Saturday 18th May 15:24
POORCARDEALER said:
Some good points above, three are an increasing number of dealers who are setting up limited companies and shutting them down once they have accumilated many pending problems/court cases.
Unfotunate for customers and other dealers who cannot compete as they are under cutting them.
As cars get more difficult and expensive to fix this will become more prevelant.
Yep, that happens a lot and is easy to do. However, I do know of a couple of cases recently where a criminal prosecution has taken place (for clocking) where the magistrates have imposed the fines on the individual, rather than the company so it is presumably possible. However this is obviously a different type of court to one where a faulty car is concerned.Unfotunate for customers and other dealers who cannot compete as they are under cutting them.
As cars get more difficult and expensive to fix this will become more prevelant.
Edited by POORCARDEALER on Saturday 18th May 15:24
Basically, if as a dealer you wish to sell cars with no regard whatsoever for customer service as long as you don't do anything illegal (which means unroadworthy, clocked, unfair trading etc.) it is dead easy to do it. Sadly, as an ever increasing number of customers seem to care about price first, second and last this will happen more and more.
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