Help-valve through cylinder after 400miles....

Help-valve through cylinder after 400miles....

Author
Discussion

AlastairM

Original Poster:

536 posts

269 months

Thursday 8th February 2007
quotequote all
...i've done less than 400 miles since i purchased an Audi S8 2000 model (75k miles full Audi S/H)and it's managed to break a bit off the valve which then went down with the piston and on the way back up smashed into the hydraulic tappet and then out of the cylinder block! I purchased this car from a dealer on the 17th Jan but as a trade sale ie no warranty. Where do i stand as i still have my statatory rights even though i took the car with no warranty. Yes it has had it's cambelt change @Audi along with the waterpump etc.
the garage that sold it said they MAY contribute but i want to know my rights-i assume i can't reject the car?

Silent1

19,761 posts

235 months

Thursday 8th February 2007
quotequote all
read this specifically paragraph 3 as it seems to state they cannot reduce your statuatory rights and as such they have sold a product not fit for purpose

m3mth

1,955 posts

214 months

Thursday 8th February 2007
quotequote all
surely you must of known the risk of buying the car as a trade sale that something could go wrong?! unfortunatley for you it has, the term "trade sale" means as the car stands, therefore if anything goes wrong its down to you. are you a trader?, i assume you are a private buyer, so its tough luck mate! atleast its a lesson learnt!

bimsb6

8,041 posts

221 months

Thursday 8th February 2007
quotequote all
m3mth said:
surely you must of known the risk of buying the car as a trade sale that something could go wrong?! unfortunatley for you it has, the term "trade sale" means as the car stands, therefore if anything goes wrong its down to you. are you a trader?, i assume you are a private buyer, so its tough luck mate! atleast its a lesson learnt!

i think you need to check consumer law before making statements like that ,the second poster is correct and the dealer knows it .

momentofmadness

2,364 posts

241 months

Thursday 8th February 2007
quotequote all
m3mth said:
surely you must of known the risk of buying the car as a trade sale that something could go wrong?! unfortunatley for you it has, the term "trade sale" means as the car stands, therefore if anything goes wrong its down to you. are you a trader?, i assume you are a private buyer, so its tough luck mate! atleast its a lesson learnt!


Steady on fella! As above, consumer law states that a car dealer can't sell to a private person and use the old sold as seen rubbish! Lesson learnt for the dealer maybe, if they knew it was a wrong un they should have sent it to block...as I'm sure the OP paid more than trade price.

m3mth

1,955 posts

214 months

Thursday 8th February 2007
quotequote all
well buying a car the proper way would save him half the hassle though, and peace of mind.

Silent1

19,761 posts

235 months

Thursday 8th February 2007
quotequote all
m3mth said:
well buying a car the proper way would save him half the hassle though, and peace of mind.



What? how has he not bought it properly? he went to a dealer handed over a substantial amount of money for a car and it return received a car, how was he supposed to know it was a lemon?

ASBO

26,140 posts

214 months

Thursday 8th February 2007
quotequote all
m3mth said:
surely you must of known the risk of buying the car as a trade sale that something could go wrong?! unfortunatley for you it has, the term "trade sale" means as the car stands, therefore if anything goes wrong its down to you. are you a trader?, i assume you are a private buyer, so its tough luck mate! atleast its a lesson learnt!


Dont mean to be rude fella, but its un-researched and ill-judged comments like that above that make my p1ss boil.

What the OP wants is advise, Not Ha ha I told you so...

rolleyes

I am unable to give advise but would love to hear what you lot have to say as I am in a similar position aafter buying a Focus RS form a non ford dealer and am having 'difficulties'.


Edited by ASBO on Thursday 8th February 17:05

AlastairM

Original Poster:

536 posts

269 months

Thursday 8th February 2007
quotequote all
i've read my rights and it apprears that i've been misled by the dealer on a number of items so i will be contacting them in the morning with a view to rejecting the car. What are yout thoughts?

m3mth

1,955 posts

214 months

Thursday 8th February 2007
quotequote all
he brought the car as a tradesale, not wanting a warranty or anything. would you go in to p.c world and ask to buy a computer without a warranty for a cheaper price..?? no, didnt think so.

billflin

158 posts

268 months

Thursday 8th February 2007
quotequote all
Silent1 said:
m3mth said:
well buying a car the proper way would save him half the hassle though, and peace of mind.



What? how has he not bought it properly? he went to a dealer handed over a substantial amount of money for a car and it return received a car, how was he supposed to know it was a lemon?


He's not bought it properly because he got a discount. If you pay less (and knowingly accept that, by paying less you are buying the car 'as seen') then you take more risk. If something goes wrong it's down to you. If you expect retail treatment then expect to pay retail money! It's a bit harsh on the dealer to agree a 'trade sale' at a 'trade price' and then claim a warranty that the 'trade' wouldn't get!

Calorus

4,081 posts

224 months

Thursday 8th February 2007
quotequote all
Silent1 said:
m3mth said:
well buying a car the proper way would save him half the hassle though, and peace of mind.



What? how has he not bought it properly? he went to a dealer handed over a substantial amount of money for a car and it return received a car, how was he supposed to know it was a lemon?



Erm, I'm confused, surely if he's bought it trade, he will have a receipt which clearly states sold as seen.

Otherwise it would be impossible for any Member of the Public to buy a car as "Spares or Repair" without the dealer being at risk from them coming straight, back. I personally think the dealer should be safe, I mean the fact that the dealer sold it as trade is a glaring "I do not endorse this car, I do not think this car car is up to my standards, as a dealer. I will not be responsible for this car."

It's a shame, for sure, but if you buy something as a trader I think it's honorable to take responsabilty for it as a trader.

billflin

158 posts

268 months

Thursday 8th February 2007
quotequote all
AlastairM said:
i've read my rights and it apprears that i've been misled by the dealer on a number of items so i will be contacting them in the morning with a view to rejecting the car. What are yout thoughts?


Well that would be a missrepresentation and therefore a voidable contract. Do you have evidence of what he told you?


Edited by billflin on Thursday 8th February 17:08

o.versteer

3,338 posts

229 months

Thursday 8th February 2007
quotequote all
m3mth said:
he brought the car as a tradesale, not wanting a warranty or anything. would you go in to p.c world and ask to buy a computer without a warranty for a cheaper price..?? no, didnt think so.


Sorry can't help on the specifics, other than I agree that "sold as seen" is not valid and the law protects the OP from that in some way.

Apart from that, I would like to say that the poster quoted above seems to a) not be making any sense and b) enjoying the OP's hard luck, which is a slightly strange attitude to take, if I may say so....

AlastairM

Original Poster:

536 posts

269 months

Thursday 8th February 2007
quotequote all
yes, i have the original advert which specifically states full audi service history and it turns out it only has part audi service history. At the end of the day i may have purchased on a trade sale but that does not make my statutory rights invalid. What i'm after from you guys is a way to approach this in order to get the best outcome, not 'tough luck better luck next time. I only purchase the car 3 weeks ago and have done less than 400 motorway miles.

richburley

2,432 posts

253 months

Thursday 8th February 2007
quotequote all
m3mth said:
he brought the car as a tradesale, not wanting a warranty or anything. would you go in to p.c world and ask to buy a computer without a warranty for a cheaper price..?? no, didnt think so.


Nope, you are WRONG, with a capital WRONG. He didn't go up to the salesman and say "I'd like to buy a car, but I want you to sell me it as a Trade sale, so that I have absolutely no comeback, although you know full well that I am not a trader." Saying "Trade sale" and then selling to individuals is not a "get out of jail free card"; it means nothing, if the salesman sells to an individual. It's just an attempt by a dodgy salesman to try and dodge responsibility for selling a car, which he knows has to, by law, come with at least a 3 month warranty. Therefore, fortunately, the OP guy does have rights, when the supposedly nice Audi goes wrong, and he should be able to have a free complete repair.

richburley

2,432 posts

253 months

Thursday 8th February 2007
quotequote all
nb an Audi S8 2000 model (75k miles full Audi S/H is not exactly "Spares or Repair" material, so that is not relevant in this istance...

billflin

158 posts

268 months

Thursday 8th February 2007
quotequote all
richburley said:
m3mth said:
he brought the car as a tradesale, not wanting a warranty or anything. would you go in to p.c world and ask to buy a computer without a warranty for a cheaper price..?? no, didnt think so.


Nope, you are WRONG, with a capital WRONG. He didn't go up to the salesman and say "I'd like to buy a car, but I want you to sell me it as a Trade sale, so that I have absolutely no comeback, although you know full well that I am not a trader." Saying "Trade sale" and then selling to individuals is not a "get out of jail free card"; it means nothing, if the salesman sells to an individual. It's just an attempt by a dodgy salesman to try and dodge responsibility for selling a car, which he knows has to, by law, come with at least a 3 month warranty. Therefore, fortunately, the OP guy does have rights, when the supposedly nice Audi goes wrong, and he should be able to have a free complete repair.


Rich, very interesting - thank you. But does that mean that I, as a private punter, can then go up to a dealer, offer them trade money, agree a trade sale and then have exactly the same rights as a retail customer who pays retail money? And if so, why does anyone pay retail money?

Calorus

4,081 posts

224 months

Thursday 8th February 2007
quotequote all
AlastairM said:
yes, i have the original advert which specifically states full audi service history and it turns out it only has part audi service history. At the end of the day i may have purchased on a trade sale but that does not make my statutory rights invalid. What i'm after from you guys is a way to approach this in order to get the best outcome, not 'tough luck better luck next time. I only purchase the car 3 weeks ago and have done less than 400 motorway miles.


I don;t think thaere's anything you can do, except price an engine, price a solicitor, and go from there. Personally as a trader to someone who bought from me at trade - especiallly with something that he can say - "I gave hime the logbook, and pointed out the error, he accepted this and agreed the deal", because you can't prove you didn't as you saw the book before you had the failure. It's a pisser, but I suspect some ARP and JH cylinder furniture and a rebore would be the a) cheapest and b) most fun method of dealing with it.

billflin

158 posts

268 months

Thursday 8th February 2007
quotequote all
AlastairM said:
yes, i have the original advert which specifically states full audi service history and it turns out it only has part audi service history. At the end of the day i may have purchased on a trade sale but that does not make my statutory rights invalid. What i'm after from you guys is a way to approach this in order to get the best outcome, not 'tough luck better luck next time. I only purchase the car 3 weeks ago and have done less than 400 motorway miles.


Did you get to check the SH before you bought? In which case, that would potentially be included in 'sold as seen'? It's not that I don't think you have been hard done by - clearly either it's a lemon or you have been very unlucky - but what did you understand as 'trade sale'?