Car Dealership isn't on company house
Discussion
TheBroker said:
I'm happy to admit if I was inaccurate on something, sort of moot bearing in mind any car I supply would be new (manufacturer warranty) or 12 months if out of warranty.
Fact is a dealer must provide a warranty
Are you confusing the fact that an item purchased from a retailer which develops a fault within the first six months is deemed to have had that fault at the point on sale and the burden of proof is on the retailer to prove it was not?Fact is a dealer must provide a warranty
If the OP pays by credit card he should be protected by s75 of the Consumer Credit Act 1974. This makes the credit card company jointly liable for any misrepresentation or breach of contract by the supplier (for transactions between £100 and £30,000 in value).
In addition, if the dealer is selling the car in the course of a business (irrespective of whether he's a sole trader, partnership or ltd co), the OP is also protected by the Sale of Goods Act. This means the car has to be properly described, fit for purpose and of appropriate quality and durability. What is appropriate will depend on the age, price and agreed condition of the goods when they were bought. What might not be acceptable on a brand new car might be on a used one (for example, a failed stereo on a 12 month old car might not be acceptable whereas the same in a 12 year old one may be). If an issue develops within 6 months it is for the supplier to prove that the fault was not inherent at the time of purchase. Beyond that the buyer must prove the fault was present at the time of purchase. The time limit for claiming is 6 years from purchase.
In addition, if the dealer is selling the car in the course of a business (irrespective of whether he's a sole trader, partnership or ltd co), the OP is also protected by the Sale of Goods Act. This means the car has to be properly described, fit for purpose and of appropriate quality and durability. What is appropriate will depend on the age, price and agreed condition of the goods when they were bought. What might not be acceptable on a brand new car might be on a used one (for example, a failed stereo on a 12 month old car might not be acceptable whereas the same in a 12 year old one may be). If an issue develops within 6 months it is for the supplier to prove that the fault was not inherent at the time of purchase. Beyond that the buyer must prove the fault was present at the time of purchase. The time limit for claiming is 6 years from purchase.
jay44 said:
Transiter said:
Example- 12 year old car with over 100k miles for £995
- Don't be so arrogant. I'm a a student, that's a considerable sum for me to just throw away. And even if I wasn't, what if I was poor, and just wanted to be careful? If you don't want to help, great, but take that sjay44 said:
- The dealership is Jonathan Gold, based in Richmond, London. Many thanks in advanced! haha how ironic, the car I'm after has got VERY similar, almost identical stats as that. Not fussed about the warranty, just about refunding the deposit before I get a chance to look at the car and find out it's dodgy (deposit to be paid to take the car off the market to secure the purchase for me) I want a car like that because it's my first owned car and want things to go wrong so I can learn to fix them! (2nd car driven though, virginity lost to Hyundai Getz 1.1 <3 )
All this paying by CC was over a car that cost £995. FFS.
t elsewhere mate
, well said.jay44 said:
- you two have confused me. yeah, this is my first big "real" purchase, i'm a complete noob about credit cards. I now get the type of business is irrelevant, but I feel like there are discrepancies in your answers. At this stage I'm only concerned about getting the deposit back, that was agreed to be refundable, if the dealer says no, before the deal is complete. The idea is I'm paying the deposit to take the car off the market, then will go to see it when I have time - due to a very busy work schedule.
Section 75 of the Consumer Credit Act is not a magic wand that guarantees you'll get your money back. It has the effect of making the credit provider jointly liable with the seller if there is something wrong with the goods. What will happen, if you invoke section 75, is that the credit company will first try to determine if your claim is actually covered by Section 75 and will then have a discussion with the seller to determine their position. If they decide that your claim is not valid they may defend against your claim, not help you against the seller.
I speak from experience. I tried to invoke it once and found that the card company sided with the seller because the dealer considered that the fault had appeared too late after the date of the sale and was prepared to use his legal cover to defend the claim in court. (The dealer had covered the fault up very well). The cost of showing that it must have existed at time of sale prevented me from taking it any further.
http://www.which.co.uk/consumer-rights/regulation/...
http://www.moneysavingexpert.com/shopping/section7...
http://www.financial-ombudsman.org.uk/publications...
Ive just choked on my conflakes readng this....
You are buying a car for £995.
You are checking on companies house about them.
You are going to pay on credit card and try and use legislation as some sort of warranty
Facts:
Student or not, you are buying something near the end of its life, it will need constant tinkering to keep it roadworthy...the protection offered by the credit card companies is not a magic wand, £995 gets you a runner,nothing more, nothing less.
My suggestion is stick to the bus until you have a budget that matches your expectatons.
You are buying a car for £995.
You are checking on companies house about them.
You are going to pay on credit card and try and use legislation as some sort of warranty
Facts:
Student or not, you are buying something near the end of its life, it will need constant tinkering to keep it roadworthy...the protection offered by the credit card companies is not a magic wand, £995 gets you a runner,nothing more, nothing less.
My suggestion is stick to the bus until you have a budget that matches your expectatons.
manmaths said:
loose cannon said:
Oh dear seems being careful and poor these days tends to upset the ph company director massive
Give the poor lad a break he just wants some help off the experts as he isn't sure about any of it
Now he is probably confused.com
+1Give the poor lad a break he just wants some help off the experts as he isn't sure about any of it
Now he is probably confused.com
Cars are expensive to run, new ones depreciate and old ones break down, that's the way it is.
POORCARDEALER said:
Ive just choked on my conflakes readng this....
You are buying a car for £995.
You are checking on companies house about them.
You are going to pay on credit card and try and use legislation as some sort of warranty
Facts:
Student or not, you are buying something near the end of its life, it will need constant tinkering to keep it roadworthy...the protection offered by the credit card companies is not a magic wand, £995 gets you a runner,nothing more, nothing less.
My suggestion is stick to the bus until you have a budget that matches your expectatons.
A tad harsh, that last suggestion, but buying a one-grand-shed from the trade is almost a guarantee of trouble. Buy privately for anything under £3-4k+.You are buying a car for £995.
You are checking on companies house about them.
You are going to pay on credit card and try and use legislation as some sort of warranty
Facts:
Student or not, you are buying something near the end of its life, it will need constant tinkering to keep it roadworthy...the protection offered by the credit card companies is not a magic wand, £995 gets you a runner,nothing more, nothing less.
My suggestion is stick to the bus until you have a budget that matches your expectatons.
I'm not having a go, but a lot of people are not answering for this scenario / are giving a different scenario which isn't relevant. Just after a direct answer to my unique situation :/
After_Shock said:
Personally I don't see the issue.
If the company accepts a card payment its a company, if they take the money and then vanish the card company will refund it.
If the cars a shed it could be a shed at a sole trader company, LLC, LTD, etc etc every car is different.
No card company will guarantee the refund of a deposit that is down to the dealer, if you pay a deposit and turn up after a week to view it and the cars an absolute mint one and you simply say I don't like the colour, the dealer might have been able to sell this car several times in that week so will have every right to not refund it.
Ask the right questions and try pay a deposit near the time you can go view it, which being a student surely you have nothing to do and can go the same day
- The situation is not if I'm being picky on the colour or similar, it's if it's not what I thought I was getting before. Something like colour you'd know before you even turn up. If I genuinely had nothing to do but sleep I'd be omw home to go see it hahaIf the company accepts a card payment its a company, if they take the money and then vanish the card company will refund it.
If the cars a shed it could be a shed at a sole trader company, LLC, LTD, etc etc every car is different.
No card company will guarantee the refund of a deposit that is down to the dealer, if you pay a deposit and turn up after a week to view it and the cars an absolute mint one and you simply say I don't like the colour, the dealer might have been able to sell this car several times in that week so will have every right to not refund it.
Ask the right questions and try pay a deposit near the time you can go view it, which being a student surely you have nothing to do and can go the same day
, well said.POORCARDEALER said:
Ive just choked on my conflakes readng this....
You are buying a car for £995.
You are checking on companies house about them.
You are going to pay on credit card and try and use legislation as some sort of warranty
Facts:
Student or not, you are buying something near the end of its life, it will need constant tinkering to keep it roadworthy...the protection offered by the credit card companies is not a magic wand, £995 gets you a runner,nothing more, nothing less.
My suggestion is stick to the bus until you have a budget that matches your expectatons.
-Not that it's relevant to anything, but serves you right for eating cornflakes. Go back and read what I'm actually looking to protect, because it's not the car from being dodgy. Again, I've said I want it to be in bad shape so I can learn to fix things. Finally, there are no buses where I am, it's essential to get about by car. I'm 21... bit to old to rely on mum, don't you think?You are buying a car for £995.
You are checking on companies house about them.
You are going to pay on credit card and try and use legislation as some sort of warranty
Facts:
Student or not, you are buying something near the end of its life, it will need constant tinkering to keep it roadworthy...the protection offered by the credit card companies is not a magic wand, £995 gets you a runner,nothing more, nothing less.
My suggestion is stick to the bus until you have a budget that matches your expectatons.
loose cannon said:
Oh dear seems being careful and poor these days tends to upset the ph company director massive
Give the poor lad a break he just wants some help off the experts as he isn't sure about any of it
Now he is probably confused.com
-I'm quite heavy headed, I can take it, but cheers all the same!Give the poor lad a break he just wants some help off the experts as he isn't sure about any of it
Now he is probably confused.com
Just to end: can people please make sure they actually read the OP. I don't care if the car breaks down after 10 miles, that is not what I'm asking. I'm just asking about the deposit. I will have someone come with me to have a look at the motor when the time comes for that to see what its condition is like. The car also comes with FSH
jay44 said:
I'm just asking about the deposit.
It has been answered several times now.Read the legislation : http://www.legislation.gov.uk/ukpga/1974/39/sectio...
jay44 said:
Just to end: can people please make sure they actually read the OP. I don't care if the car breaks down after 10 miles, that is not what I'm asking. I'm just asking about the deposit. I will have someone come with me to have a look at the motor when the time comes for that to see what its condition is like. The car also comes with FSH
No, I don't think they are mis-reading or being unfair. They've just gone beyond a direct answer. Read in that spirit.You are buying a shed from a bottom-feeding pondlife trader. Protecting your deposit is the LEAST of your worries. It's irrelevant. Don't give him a PENNY until you decide the car is what you really want, then give him the full asking price in cash (you WILL get a discount) and don't expect one iota of comeback, because you won't get any and could throw good money after bad in trying to get the unrealistic.
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