Need advice re: course of action after buying a bent car

Need advice re: course of action after buying a bent car

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TroubledSoul

Original Poster:

4,599 posts

194 months

Wednesday 24th August 2016
quotequote all
Yep, now it's me who's idiot of the week in SP&L. rolleyes

About 6 weeks ago I bought a car. A high performance car with no history. Stay with me..... Said car was cheap because of the lack of history not because of anything else. I've owned numerous models of this brand so I do know the cars fairly well from an enthusiast point of view and would have hoped to have avoided buying such a lemon but I've failed this time.

The seller is a breaker/mechanic with a garage (where I bought it from) and he told me the car was too good to break so he was offering it up for sale. He also said that the gearbox was fully working......

Fast forward to today. A couple of people in my local club had looked at the car and said it was accident damaged. Having done one of those My Car Check things before buying I know that it hasn't been recorded. Upset but putting it down to experience at the time, I forged on. I bought some coilovers for the car (it has been bought with the intention of tracking it mainly) and when I collected it I was told the chassis was bent. One of the front shocks had to have the camber on it set differently to the other to achieve the correct alignment both sides.

I'm not very happy about it, but it gets better (worse). The gearbox, which was described as fully working in the ad, likes to crunch at high revs from 4th to 5th. I decided to change the oil and found there wasn't much in it. Felt much better once refilled with decent Motul fluid but the crunch was still somewhat there. Then I discovered that the oil was low before because the gearbox leaks and needs a replacement oil seal.

Thinking "great, something else to sort" my Mrs took the car on an instruction day at the local hillclimb school. It was her first time but the day was basically spoiled by the fact that most of the gears actually crunch at very high revs. Awesome. So the 'box needs the synchros doing.

I was still at this point trying to take it on the chin, accept I made a mistake and needed to just do my best to rectify it bit by bit.

But then the door started sticking. WTF?! A bit of investigation revealed the side skirt was catching it. This led to me discovering a dent in the sill and the weather seal strip on the top of the skirt seeming glued badly in place.

Tonight I've taken the skirt off and found a large dent in it. I've found oodles of silicone in there, evidently used to stick the skirt in place as the dent means a few of the clips won't clip in and now the skirt has lifted away from the sill and is catching on the door.

I think I'm done. It's broken me. So I need to figure out my options. As I see it there are 2:

1. Ask for a full refund. Remove my new parts and our plate and take it back.

2. Ask for a partial refund, keep the car and look at either reshelling it or having it jigged.

If he won't play ball, I suppose I need to think about court. I paid £6500 for the car. A decent example would have been around £8500.

My fear is that I will be told to go whistle. But buying from a trader, I feel that he must have known it was accident damaged and he should have disclosed this. The statement about the gearbox being fully working is blatantly false and the dented sill and chassis being bent are just unacceptable.

Here's the rap sheet:
Crankshaft pulley wobbling - Bought a set of uprated pulleys and replaced
Rear shocks knocking and this was described in the ad so not an issue but replaced all four with coilovers
Steering a bit wolley - fitted uprated balljoints and track rod ends plus steering rack bushes
Radiator top hose had a gouge in the back of it from the accident pushing it into the pulley behind - replaced
Paint cracking and now lifting off the front bumper due to poor respray - needs respray
Front end is slightly pushed back - needs properly straigthening
Chassis is twisted, car needs different alignment both sides to match up - again, needs properly straightening
Gearbox crunches at high revs in multiple gears - needs new synchros at least
Gearbox has oil leak - needs new seal
Sill is badly dented
Sideskirt has become damaged due to poor quality repair job leaving it catching door
Handbrake was almost non existent, tightening it revealed it was knackered and I had to fix that
Bonnet scoop (dead giveaway now biggrin) was almost flying off on the motorway and I discovered half the fixings were missing. Sorted.
Knackered engine mount - replaced
Bolt missing from cambelt cover
Found passenger side rear hub nut coming loose! - Tightened back up

Apologies for the really long read. I'm bloody heartbroken about all this and just regret the whole affair. The long and short of it is; most of the issues I can take on the chin. I bought it with no history and I knew it was a bit tatty so I'm prepared to take a lot of that on the chin. It's to be expected that lots of work would be needed. But the gearbox not being what I was told it was and the chassis being accident damaged and bent are the two main points I wish to pursue. The engine is actually forged (and it's quite obvious) and that's it's one shining light. I'd be prepared to take a full refund or partial and reshell it, but I don't know what amount to ask for if partial.

I'll speak to CAB as soon as I can but for now, let me know what you think. Many thanks to all who have stuck it out and read this!

TroubledSoul

Original Poster:

4,599 posts

194 months

Wednesday 24th August 2016
quotequote all
Dan_M5 said:
You've messed with it. Any issues should of been bought up with the dealer straight away.
I'm sorry but the chassis being bent has nothing to do with "messing" with it and would not have been obvious had it not had to go in for alignment. The gearbox also didn't become apparent until we started to push the car a bit more, hence not noticing it on the test drive.

It's a Subaru. Might as well be open about it. The guy wasn't a dealer as such, just a breaker that sells some of the cars. No forecourt full of cars to speak of but definitely a trader operating out of a garage and yard.

The crux of it for me is that I've only discovered the gearbox issue and the chassis issue recently, i.e. the last week or so (sill damage tonight). Upon discovering these issues I have actually spoken to him and asked him if he knew about them, to which he has denied any knowledge. I'm doing something about it as quickly as possible.

TroubledSoul

Original Poster:

4,599 posts

194 months

Wednesday 24th August 2016
quotequote all
He's an established garage and I went to the garage to buy it. I have copies of the ad. Says something along the lines of bought it to break but decided to offer it up for sale as is. There's absolutely no disputing that he's a breaker/trader.

Also I was under the impression that the SOGA puts the onus on him to prove the faults weren't present rather than vice versa, unless something's changed?

It was made clear the price was due to the lack of history and nothing else. That's got to be in my favour?

TroubledSoul

Original Poster:

4,599 posts

194 months

Wednesday 24th August 2016
quotequote all
TooMany2cvs said:
Are they notorious for failing, or was that just some totally out-of-the-blue random guilty conscience trying to squeek an alarm bell out?

You've said it was very cheap - 3/4 of the price of normal. So there's immediately an expectation that it's going to be below par - confirmed by the fact that you knew there were problems with it when you bought it. You HPI checked it, and it's not recorded as a write-off.

You're saying the box is crunchy - but you're also saying that it's been run low on oil and in motorsport while you've had it. You've also been in there with the spanners. And, frankly, half of your list is really, really nitpicky - missing bolt on the cambelt covers...?

I think it's one to take on the chin, unless he's going to go above and beyond the call of duty through genuinely not knowing.
No the six speed is known as being very strong. It's not even done 1k with us and it has been on a driving school day, not used in any competition. That's a number of short runs up the hillclimb course while trying to learn the lines etc. but I do appreciate that may complicate the situation. The wife did her driving school day in it the day after the 'box was filled so it hasn't done that low on fluid. I'd noticed the leak and we dipped it and checked it before she used it. All was good and still is but it is clearly leaking so needs fixing.

I didn't know it had problems at the point of buying, I just said that I expected there would probably be lots of niggly bits as with any old used car. Those things, which make up most of my list, are fine. To be expected. The accident damage, bent chassis and gearbox are not fine.

I suppose the question is:
Is it OK for a trader to sell a damaged, twisted car and misrepresent the gearbox condition? If it is then fair play but I suspect it is not.

I had the shocks fitted by a well respected specialist who then told me about the car being bent. It's been eating at me for the last week now. I don't want the hassle of a reshell and a gearbox rebuild really, but it looks like I'll be having to do that either way, with or without any sort of refund!

TroubledSoul

Original Poster:

4,599 posts

194 months

Wednesday 24th August 2016
quotequote all
TooMany2cvs said:
Only that SOGA was replaced by the Consumer Rights Act 2015 for all contracts after October last year.

But the basis is the same - and the important bit is that, for used goods, the expectations are tempered by age, apparent condition, price. You knew you were buying a shabby, scruffy 25%-cheaper-than-expected car with known problems...
What are these known problems? Knocking shocks (common fault on these) and no history is all I've got?

TroubledSoul

Original Poster:

4,599 posts

194 months

Wednesday 24th August 2016
quotequote all
I think me listing absolutely everything has clouded things somewhat and made me look like a whinger laugh

That wasn't what I was trying to achieve. Moreover, I just wanted to show that after finding issue after issue I am prepared to accept almost all of that stuff as just normal used car stuff. It's only the gearbox, dented sill and bent chassis that have genuinely upset me and ruined the car for me.

TroubledSoul

Original Poster:

4,599 posts

194 months

Wednesday 24th August 2016
quotequote all
TooMany2cvs said:
The handbrake, engine mount and steering bushes would have been fairly apparent on a test drive, as may the scoop have been, while the cracked paint on the front spoiler should have been fairly visible.
Handbrake was slack. Seemed like it needed tightening up which wouldn't have been a big deal. It was only after my specialist did that that we discovered it would seize on if it wasn't totally slackened off. Steering bushes? They were replaced as a matter of course so no known issue there. Scoop I didn't notice, it's a very obscure thing and we only realised it was flapping about more than is normal after a few motorway runs. Cracked paint on the front bumper wasn't cracked! What's happened is the paint has started to lift and crack. Won't hold that against the seller so much as he wouldn't have known about that.

Feels like you're picking at me for the sake of it a little bit.

TroubledSoul

Original Poster:

4,599 posts

194 months

Thursday 25th August 2016
quotequote all
Hi all, I expected a lot of st to be slung at me over this, so I know I'm just going to have to take it.

I have messages from him telling me it's too good to break. That it's a smart car etc. He obviously knows his way around these cars so yeah, I trusted him. Yes I took a punt. Yes I expected it to need a lot of work. The gearbox being not as described and effectively a piece of crap and the chassis being a banana are fundamental IMO.

I honestly can't believe anyone would argue that against me!

I should also add that it was up for sale at £7.5k originally so not really very far off the price of a standard car with history had I paid the full asking price.

Remember folks: It's too good to break. Fully working gearbox. No mention of it being a banana.


TroubledSoul

Original Poster:

4,599 posts

194 months

Thursday 25th August 2016
quotequote all
cmaguire said:
Nice to see lots sticking the boot in. I think a lot of people seem to revel in other's misfortune in some smug sort of way. Keep up the good work.

As to the car. If the guy took it to break, then unless it's a special edition (Type r etc) which you haven't mentioned then he'll have paid significantly less than £6500. I expect he paid nearer £3000 and didn't look too hard to find fault with it but probably knows it's got something to hide.
The gearbox will strengthen your case but the fact the car is bent is the biggest issue. If it were me I would go to a specialist I trust (there are plenty of specialists around as you probably know) and get a valuation based on current knowledge. I would then go back to the seller for a solution.
If he doesn't play ball I would consult a solicitor.
Thank you for a constructive reply thumbup Some people in here would have me strip all the bumpers and sideskirts off in future before buying a car laugh

One of the guys in my local owners' club thinks I should have it jigged but I'm not sure about that really.



Edited by TroubledSoul on Thursday 25th August 10:01

TroubledSoul

Original Poster:

4,599 posts

194 months

Thursday 25th August 2016
quotequote all
It was the specialist I used that originally told me it was bent and he has suggested reshelling it. It's actually going back in next week to repair the gearbox oil leak and they are going to properly go over it on the ramp.

TroubledSoul

Original Poster:

4,599 posts

194 months

Thursday 25th August 2016
quotequote all
dingg said:
you do realise that the seller should be contacted wrt any repairs you carry out to be given opportunity to 'put things right' first don't you?
Yes why? I will get it looked at and get a quote, then let him know.

TroubledSoul

Original Poster:

4,599 posts

194 months

Thursday 25th August 2016
quotequote all
For the sake of a £50 repair I'd sooner just do it. Who knows how long this might go on. It's making a right mess on the road outside my house so I'm going to have to clean that up too.

I'm not going to chase him for the cost of that (the repair). It's minor.

TroubledSoul

Original Poster:

4,599 posts

194 months

Thursday 25th August 2016
quotequote all
TroubledSoul said:
For the sake of a £50 repair I'd sooner just do it. Who knows how long this might go on. It's making a right mess on the road outside my house so I'm going to have to clean that up too.

I'm not going to chase him for the cost of that (the repair). It's minor and definitely something I'd consider normal used car stuff.

TroubledSoul

Original Poster:

4,599 posts

194 months

Thursday 25th August 2016
quotequote all
V8LM said:
In what way is the gearbox not working as a gearbox?
If you struggle to engage a gear would you suggest that's fully working? Or are you just trolling?

Thanks to those that have offered help and useful advice. I'm going to find out what this will all cost to put right and will see how the seller reacts when I send him a quote. I'll update the thread when I have more info. Cheers thumbup

TroubledSoul

Original Poster:

4,599 posts

194 months

Thursday 25th August 2016
quotequote all
Oh bore off andymc. rolleyes

Generally I just get worried about things so I ask advice. I definitely should have just been less sensitive on many occasions in the past and have learnt a lot about managing my expectations with old cars. Mainly from being abused on here whenever I've asked "should this be like this" or "are dealers supposed to sort that" etc.

I spent £17k on my main car to avoid such issues as I was a bit fed up of the process and bought that as approved used, it's been faultless. Older cars don't really have that luxury available and yes, I miss stuff. Sometimes my heart rules my head despite best efforts. I even accept I've done silly things many times and will accept my medicine as far as that goes. I hold my hands up.

None of that alters the fact that this car was mis-sold on the gearbox and the trader failed to disclose any accident damage does it?

It's all well and good trying to belittle people but none of those old posts have any relevance to this situation. I might be the dumbest person alive, but it doesn't change the seller being in the wrong here. Either try and help or honestly, don't bother.

I am happy to buy rough cars when spending less money because I fix most things myself. When something comes up that wasn't described and I think it's major then yeah, I'll kick up a fuss. If I don't think it's an unreasonable issue then I won't.

What about the cars I haven't posted anything like that about? The E46 I recently sold after doing a bunch of work to make it nice? The 330cd a few years ago? The numerous MR2s, the other three Subarus? All had issues but they were reasonable issues to occur on older cars so no problem.

TroubledSoul

Original Poster:

4,599 posts

194 months

Thursday 25th August 2016
quotequote all
themanwithnoname said:
I don't suppose that breaker was based somewhere on this part of the map was it?

Sorry I missed this. No not quite around there.

TroubledSoul

Original Poster:

4,599 posts

194 months

Thursday 25th August 2016
quotequote all
I will have to go through it but I don't recall there being anything about the condition on it.

Vaud, absolutely not. Current car I've had 18 months with no intention of selling. The E46 we had alongside it was here for around a year. Sold it £500 cheaper than we bought it and I'd done things like a full service, sorted the bushes, fixed the leaking rocker cover gasket etc.

I've an M3 Evo project car. That has a few issues but I've never spoken to the dealer since the day I bought it. Old car, has reasonable old car issues. Won't be finished until next summer.

Previous to that was a Merc SLK. Had the gearbox rebuilt at a recommended specialist. Had it a year or so, sold at a loss.

MR2 Roadster before that, replaced the engine as I bought it knowing it needed doing. Did lots of small upgrades like bushes, gearshift bushes, etc. Sold for a slight loss.

Had another Subaru before that. Sold that at a loss after upgrading the brakes to Brembos, induction kit, installing a DAB head unit, a JDM STI quick steering rack. Bought the current Subaru after this at the main dealer and have run it alongside the Merc, E46 and now the latest Subaru.

So no, not a trader. And none of those cars have involved speaking to the seller about anything.

I only ask advice when I feel a line has been crossed. I usually pay up and have things sorted myself the majority of the time, as time has proven.

Edited by TroubledSoul on Thursday 25th August 22:34

TroubledSoul

Original Poster:

4,599 posts

194 months

Thursday 25th August 2016
quotequote all
Vaud said:
Fair enough, forgive my cynicism.
Not a problem. I've absolutely no issue with being questioned. It's only the attacks that upset me.

I'm a weirdo. That's the main issue here. I'm very OCD. That's why I spend a lot putting things right. I was even willing to accept it when a friend said it looked like it had had a smash and I thought the gearbox only crunched between 4th/5th. I was miffed, sure. But I took it on the chin. It's only finding out the issues are far more significant that has irked me this time.

TroubledSoul

Original Poster:

4,599 posts

194 months

Saturday 27th August 2016
quotequote all
You guys are generally right. I make a lot of fk ups buying cars. It's mostly because I'm happy to fix things myself unless it's something really complex like in this case. Combine that with the fact I'm a bit OCD and a bit impulsive. I tend to fixate and that often sees me convince myself things will be OK as I have to have that car. It is st being like that. It does result in bad buys. Unfortunately it's a difficult thing to get past and I don't often ask people to come with me as I don't like putting people out.

I've already admitted that I've had unrealistic expectations of what a dealer should or shouldn't do and believe me, I have learnt from that. That's why I had stopped making silly posts like some of my previous ones. It's also why I went approved used on my main car. To avoid any crap.

Unfortunately in this case I've had an experience which makes the others pale into insignificance. Should I just have to accept that because I've been a bit neurotic in the past?

To address some points:

The gearbox; I don't rag other people's cars. The fault never showed up on the test drive. It was only apparent once the car was driven at the top of the rev range. I don't usually go over 5k when I drive on the road anyway. It's just the way I drive. Mrs is quite similar in that.

The price and what can be realistically expected; Sold cheaper purely because of a lack of history. Nothing else. It's not unreasonable for that to happen with these cars. I accepted things would need doing as a given, but that was NOT the basis of the price according to the seller. Unfortunately for me, someone else on Scoobynet has just bought one for the same money that looks bloody great laugh

Things said to me when looking into the car; It's a great car. Too good to break. Perfectly working gearbox. Sorry, but some of you think I shouldn't be aggrieved after that? Wind it in. If he'd said "look pal, it's got a forged engine but the chassis is bent and the gearbox crunches" I'd have said no thanks, it's not for me.

I do want to keep the car. I don't want to return it. But I would have valued it around £1500 less as is. I'm now either going to have to jig it and get a repair panel welded in on the sill or reshell it and I am going to have to have the gearbox sorted.

And for the record, I have never ever pursued a dealer for any money. I have asked for things sorting but I've never really pushed beyond that, just to dispel a myth.

Many, many thanks to those trying to help. The rest of you should have a think about the best use of your time. Putting posters that need assistance on trial in your kangaroo court just makes you look like a bunch of s. Good day to you.

TroubledSoul

Original Poster:

4,599 posts

194 months

Saturday 27th August 2016
quotequote all
Only if you gloss over the fact that I already said I don't mind people questioning me.