I messed up.

Author
Discussion

timrud

370 posts

175 months

Sunday 14th January 2018
quotequote all
How can the dealer be sure you didn't do the damage?

Yipper

5,964 posts

92 months

Sunday 14th January 2018
quotequote all
Assuming the post is true and accurate, reject the car and get a full refund. Squeal to Trading Standards if they don't comply. Consumer law is on your side, not theirs.

Boydie88

Original Poster:

3,283 posts

151 months

Sunday 14th January 2018
quotequote all
timrud said:
How can the dealer be sure you didn't do the damage?
That's the defense I suspect they'll use. But to do the damage that has been done it would have had to go through the front bumper. Going by a bit of peeling it appears the front bumper has been resprayed at some point.

But is the rejection a possibility? I can't find any British law regarding finding accident damage on a trade sold car.

I'm hoping an Alfa Works report shows that off to be the only damage as a result of whatever was hit.

ColinM50

2,634 posts

177 months

Monday 15th January 2018
quotequote all
I'm going to be a bit provocative here and say I think, and hope, you haven't got a leg to stand on.

You had a look at the car but couldn't be bothered to look under it? Then you drove it for a week before having a look and all of a sudden found what you claim is major damage? Hidden by the dealer? And now you want a full refund? Hmm, do the words caveat emptor mean anything to you?

If I were the seller I'd deny all liability and put the ball back firmly in your court. There's no proof that you didn't drive over this post you seem to know so much about eh? I reckon you're trying it on and I really do hope the dealer tells you to foff

Boydie88

Original Poster:

3,283 posts

151 months

Monday 15th January 2018
quotequote all
ColinM50 said:
I'm going to be a bit provocative here and say I think, and hope, you haven't got a leg to stand on.

You had a look at the car but couldn't be bothered to look under it? Then you drove it for a week before having a look and all of a sudden found what you claim is major damage? Hidden by the dealer? And now you want a full refund? Hmm, do the words caveat emptor mean anything to you?

If I were the seller I'd deny all liability and put the ball back firmly in your court. There's no proof that you didn't drive over this post you seem to know so much about eh? I reckon you're trying it on and I really do hope the dealer tells you to foff
Don't want full refund at all. Would love for it to be straight, it's a great car aside from finding damage.

To my understanding of the law, it is down to the seller to prove the fault wasn't there.

andburg

7,375 posts

171 months

Monday 15th January 2018
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given the depth i'd guess thats an air to air intercooler not a radiator

Joeguard1990

1,185 posts

128 months

Monday 15th January 2018
quotequote all
Boydie88 said:
Don't want full refund at all. Would love for it to be straight, it's a great car aside from finding damage.

To my understanding of the law, it is down to the seller to prove the fault wasn't there.
Not sure where you got that info from?

If I sold you a car and a week later you phoned me up and noticed a bit of damage, I would tell you to sling your hook!

Boydie88

Original Poster:

3,283 posts

151 months

Monday 15th January 2018
quotequote all
Joeguard1990 said:
Boydie88 said:
Don't want full refund at all. Would love for it to be straight, it's a great car aside from finding damage.

To my understanding of the law, it is down to the seller to prove the fault wasn't there.
Not sure where you got that info from?

If I sold you a car and a week later you phoned me up and noticed a bit of damage, I would tell you to sling your hook!
That's the difference between a private purchase and one from a trade.

https://www.theaa.com/car-buying/legal-rights

snotrag

14,518 posts

213 months

Monday 15th January 2018
quotequote all
Yep, thats an intercooler.


Boydie88

Original Poster:

3,283 posts

151 months

Monday 15th January 2018
quotequote all
snotrag said:
Yep, thats an intercooler.
Thanks.

Red 4

10,744 posts

189 months

Monday 15th January 2018
quotequote all
Boydie88 said:
That's the difference between a private purchase and one from a trade.

https://www.theaa.com/car-buying/legal-rights
It's damage - difficult to prove when it happened.

You had the car for a week - the law won't be with you on this one.

Boydie88

Original Poster:

3,283 posts

151 months

Monday 15th January 2018
quotequote all
Red 4 said:
It's damage - difficult to prove when it happened.

You had the car for a week - the law won't be with you on this one.
Is that not the same as anything mechanical that goes wrong in the first 3 months?

Red 4

10,744 posts

189 months

Monday 15th January 2018
quotequote all
Boydie88 said:
Red 4 said:
It's damage - difficult to prove when it happened.

You had the car for a week - the law won't be with you on this one.
Is that not the same as anything mechanical that goes wrong in the first 3 months?
No.

It's physical damage that appears to have been caused by driving over/ hitting something.

Don't go back to the dealer with all guns blazing and quoting the law/ your rights.

Keep him on-side. You want him to put it right/ give you a contribution.

It's easy for the dealer to say you caused the damage in the week you've had the car- I'm not saying you did, btw.

Boydie88

Original Poster:

3,283 posts

151 months

Monday 15th January 2018
quotequote all
Red 4 said:
Boydie88 said:
Red 4 said:
It's damage - difficult to prove when it happened.

You had the car for a week - the law won't be with you on this one.
Is that not the same as anything mechanical that goes wrong in the first 3 months?
No.

It's physical damage that appears to have been caused by driving over/ hitting something.

Don't go back to the dealer with all guns blazing and quoting the law/ your rights.

Keep him on-side. You want him to put it right/ give you a contribution.

It's easy for the dealer to say you caused the damage in the week you've had the car- I'm not saying you did, btw.
No intention of the all guns blazing approach. Just trying to work out what the fairest result is here and what info to present to them.

It's that that I'm trying to work out how to address if that is the defense they go with.

sgtBerbatov

2,597 posts

83 months

Monday 15th January 2018
quotequote all
Red 4 said:
Boydie88 said:
Red 4 said:
It's damage - difficult to prove when it happened.

You had the car for a week - the law won't be with you on this one.
Is that not the same as anything mechanical that goes wrong in the first 3 months?
No.

It's physical damage that appears to have been caused by driving over/ hitting something.

Don't go back to the dealer with all guns blazing and quoting the law/ your rights.

Keep him on-side. You want him to put it right/ give you a contribution.

It's easy for the dealer to say you caused the damage in the week you've had the car- I'm not saying you did, btw.
I know it's an Italian car, but there's rust on that impact damage.

It wouldn't rust in a week.

Boydie88

Original Poster:

3,283 posts

151 months

Monday 15th January 2018
quotequote all
sgtBerbatov said:
I know it's an Italian car, but there's rust on that impact damage.

It wouldn't rust in a week.
The beam behind the rad? That's rust.

del mar

2,838 posts

201 months

Monday 15th January 2018
quotequote all
OddCat said:
Don't be too hard on yourself. I've rarely looked under a car when buying.
I have done - I pointed out to the dealer that it was badly leaking oil from the filter, could they change it ?

When I went back to collect the car it was still leaking from the filter.....

sgtBerbatov

2,597 posts

83 months

Monday 15th January 2018
quotequote all
Boydie88 said:
sgtBerbatov said:
I know it's an Italian car, but there's rust on that impact damage.

It wouldn't rust in a week.
The beam behind the rad? That's rust.
No, on the actual damage to the radiator. There's not a whole lot there, but there's more than what should be there for damage that was done within the first week of ownership.

andburg

7,375 posts

171 months

Monday 15th January 2018
quotequote all
the intercooler will most likely be aluminium not steel so it wont rust

Boydie88

Original Poster:

3,283 posts

151 months

Monday 15th January 2018
quotequote all
Managed to get it booked in this week with Alfa Workshop, hopefully they'll be able to age it older than 2 weeks and see if there's anything else that should have set alarm bells off on the car.