Mrs bought clio from a trade, with problems and sold as seen

[amdowney]

So my GF passed her test and we decided for about £1k clio 1.2 would fit the bill nicely. After seeing a load of tatty ones we come across one in very good condition from a trade seller working from home and took it for a test drive. There was a slight exhaust rattle from the front at low revs but it drove well and we had enough of hunting so just went for it knowing for this money no car will be perfect.

The guy accepted £900 cash and he dropped the car off as the GF wasn't confdent driving on unknown roads yet.

2 days later I go out with her in it for the first time while she gets used to it and we didn't even get out of our street before it stalls with the orange coil engine light coming on. Great!

The next day I managed to get it going with enough revs to prevent the engine from stalling and get it around to the local garage by which time the light went off. It seems it had a front end rebuild and was told that perhaps the sensor on the top has just come loose which he pushed down on. Map sensor error code was in the memory. Then he takes it for a spin and we notice a load of fluid on the floor which seems to be coolant (looks like it's been topped up with water) so I am keeping an eye on the levels.

I get it back and today again on starting the orange light is back on!

So here we are with this car with leaking coolant and an electrical issue, sold by a tradesman at home who when doing the paperwork with my Polish GF put "sold as seen, tried and tested, no refund or warranties given' to which she had no idea about and signed the receipt.

I could punch him.

From what I gather though traders cannot take away consumer's rights by using terms such as ‘sold as seen’ unless they declare the problems as it should be fit for purpose.

I am going pay the local garage to plug the diagnostics machine back in to see what comes up now but I guess I need to make a judgement whether to go back to the dealer and kick up a fuss or not depending on the severity of the issues.

Is it worth me going back to this dodgy home dealer for the above issues already or could they be easily resolved? (I did call him when the light came on the first time and said its probably an o2 sensor, which need replacing like batteries so it's just bad luck) I guess I need to see what the garage says now but it's gonna cost!


Thanks anyone...

Edited by amdowney on Sunday 16th October 11:54

Edited by amdowney on Monday 17th October 21:32

[amdowney]

Strangely enought the car was from Shirley, Birmingham!

How can the GF have known though, Im annoyed at myself as would I have seent this I would have questioned why he added it, although it seems it won't stand for a lot if push comes to shove. PITA

[amdowney]

Yep, seems it is infact illegal to say 'sold as seen etc', time to give him hell!

http://www.direct.gov.uk/en/Governmentcitizensandr...

[amdowney]

But still for £1000 you are sold a car that is all working. Not leaking and stalling through a bodged repair. The seller is in the wrong clearly

[amdowney]

Just an update on this, I told him the law in a big long text message and offered him the chance to resolve this the easy way by way of full refund. He offered to get it sorted saying 'oh 95% its just an o2 sensor, a Mickey Mouse job' and my garage probably doesnt know what they're on about. He collected it and took it to his garage who hadn't a clue, then a Renault specialist who have identified a clogged up throttle body causing the sensor fault and a leaky thermostat housing. Should be picking it up tomorrow and the guy has asked if I'd consider contributing £40 as a gesture of good will!?

Edited by amdowney on Monday 17th October 21:37

[amdowney]

I'm going up with my mate tomorrow and all he's gonna get is laughed at I think.

[amdowney]

300bhp/ton said:

But your advice is also wrong and also bks. And as you are saying this, it is perfectly evident you haven't read any of SOGA or you wouldn't be giving out such bad advice.

Lets get this straight. On Autotrader this car was advertised as all working and being sold from a 'trader' not private. We go and drive it and spot nothing majorly wrong as we are not mechanics, he tells me 'all is working, no problems'.

A day later all is not working as it is stalling and pissing out coolant (which we didn't spot).

Even though he put 'sold as seen, no warranty' on the paperwork this is what UK law says: "If the car you buy has a disclaimer:

Some car traders try to use disclaimers such as 'sold as seen', 'trade sale only' or 'no refund' to restrict your rights. This is against the law and you can report any trader that does this to Consumer Direct, the government funded consumer advice service."

So this means the guy sold a car that could have got my girlfriend in a dangerous situation stalling at a busy junction and it wouldn't have been long until it overheated.

He either did this knowingly or had no idea and isn't doing a very good job at being a car trader. That's his fault and he is now rightly rectifying it and paying for it as reluctant as he may be. If the car was sold as 'faulty/for spares' then this is another matter. He's in the profession, we are not and don't see how we have done anything wrong for being mis sold to.

Edited by amdowney on Tuesday 18th October 12:17

Edited by amdowney on Tuesday 18th October 12:19

[amdowney]

R500POP said:

This pisses me off.

People want main dealer backup, but only want to pay pocket money for the cars, if you want dealer facilities & backup, then buy from a dealer.

No we didn't want main dealer backup and facilites, we just wanted to get what we paid for, a car that is drivable for a few weeks at least! Why should this piss you off?

Edited by amdowney on Tuesday 18th October 12:21

[amdowney]

R500POP said:

Cause she paid feck all for it.

Or rather the dealer shoudn't be selling cheap cars if he doesn't want to take responsibility for what he's dealing with?

Like I said "He either did this knowingly or had no idea and isn't doing a very good job at being a car trader."

[amdowney]

Yes there is the risk of something going wrong, but this something was already wrong when the car was sold, clearly making it not fit for purpose as sold! Simples

[amdowney]

Windows and A/C you can easily check and nor would I complain if I was stupid not to check what is easily checkable. Did the gear box issue make the car undriveable when you bought it?

The issues we have make it undriveable the next day.

The light goes away when it has been revved to avoid stalling/run for a while (due to partly clogged up throttle body). In my opinion he knew and topped the coolant up with water.

Edited by amdowney on Tuesday 18th October 12:37

[amdowney]

hairykrishna said:

Different if you buy said snotter from a dealer IMO. They're running a business. If you run a business you have to sell stuff that's fit for purpose, not knackered. If he can't do that at the low price point he shouldn't be selling cars at that price point.

Bang on sir! Think this sums it all up.

[amdowney]

R500POP said:

Not really, I bought a £1000 snotter, but I was realistic with my expectations.

You're giving me a headache, you bought a car without seeing it what did you expect.

We bought a car knowing nothing about mechanics and expected it to be driveable the next day at least. It wasn't and he's now paying to make the car driveable which is what he sold us. We weren't expectiong a new car. If it turns out the windows are faulty I would have been stupid not to have seen it and wouldn't comlplain anyway about such a minor thing.

Edited by amdowney on Tuesday 18th October 13:04

[amdowney]

300bhp/ton said:

I wish over 18's would take responsibility for their own actions sometimes, instead of trying to palm it off on others.


And how fking lazy do you have to be to only do your research AFTER you've been out and bought a car.

Know you rights, take responsibility for your own actions and don't get in such situations in the first place, or if you do, at least then have the fore knowledge on what to do about it.

You're so incorrect. Research what on every part of the car? Only when bought do the problems arrise pointing out where you do research!

Know your rights, I do thank you very much which is why this cowboy car trader is now taking a hit!

Hopefully you have learnt something in this thread and won't get into such a circumstance as a buyer or seller yourself

[amdowney]

My brother recently won such a case with a more expensive clio sport, turned out engine was not running well and gave the guy chance to fix it. He bodged it then my brother got it done properly and sent him the bill. It took some doing but the court finally made him pay most of it as he couldn't disprove that the fault was there at the time of sale.

I have been driving old BMWs for the last few years myself and now a 2002 Audi. I am yet to have 1 mechanical issue in all 5/6 years. I had a nightmare with my first car a Rover 200 but the German cars are so much better, probably working out cheaper to run in the longrun! Wish we spent more on a Polo or something now for piece of mind.

Edited by amdowney on Tuesday 18th October 13:40