I've been stupid - Advice on What to do!
Discussion
Long story short XC60 we bought 8 days ago has a knackered compressor discovered when I went to get a regass.
Approx £1000 to fix.
Looked at receipt when we bought the car and it says it's a Trade Sale!
Goes on about Waiver consumer rights, business to business sale etc...
Sold as seen.
I admit when we were buying the car my wife signed the receipt while I was sorting the bank transfer and neither of us noticed.
So, yes stupid of us/me.
I now want to return the car as it's less than 30 days for a refund.
I have since noticed other minor but annoying issues.
Rear fogs malfunction, not bulbs as I have checked these.
Battery low power, thought the drive back from the dealer and an overnight charge would sort this but still comes up as a warning. Starts but no idea how much life there is in it and they are £220 as it's a stop/start. also low enough that stop/start doesn't work.
2 year gap in service history even though he said twice it was FSH.
Car is great otherwise
Tried to ring him this evening but no answer so left message.
Going to have a chat with a local solicitor tomorrow am if they can fit me in just for a sense check and advice on how to approach this.
Think I need to chat with dealer and also put it in writing.
Advice on wording of letter etc. welcome and also posts just to say I've been stupid also welcome
Bought maybe 40 cars and never had to do this previously.
Cheers
Approx £1000 to fix.
Looked at receipt when we bought the car and it says it's a Trade Sale!
Goes on about Waiver consumer rights, business to business sale etc...
Sold as seen.
I admit when we were buying the car my wife signed the receipt while I was sorting the bank transfer and neither of us noticed.
So, yes stupid of us/me.
I now want to return the car as it's less than 30 days for a refund.
I have since noticed other minor but annoying issues.
Rear fogs malfunction, not bulbs as I have checked these.
Battery low power, thought the drive back from the dealer and an overnight charge would sort this but still comes up as a warning. Starts but no idea how much life there is in it and they are £220 as it's a stop/start. also low enough that stop/start doesn't work.
2 year gap in service history even though he said twice it was FSH.
Car is great otherwise
Tried to ring him this evening but no answer so left message.
Going to have a chat with a local solicitor tomorrow am if they can fit me in just for a sense check and advice on how to approach this.
Think I need to chat with dealer and also put it in writing.
Advice on wording of letter etc. welcome and also posts just to say I've been stupid also welcome
Bought maybe 40 cars and never had to do this previously.
Cheers
I suspect you’ll have no comeback if it was clearly marked and accepted as a trade sale. The only thing that could be in your favour is if the price of the car was of the level applicable to retail sales.
In your position, if it was cheaper than retail, sort the issues and enjoy the car. Life is too short for these types of headaches.
In your position, if it was cheaper than retail, sort the issues and enjoy the car. Life is too short for these types of headaches.
GreatGranny said:
Looked at receipt when we bought the car and it says it's a Trade Sale!
Goes on about Waiver consumer rights, business to business sale etc...
Sold as seen.
I admit when we were buying the car my wife signed the receipt while I was sorting the bank transfer and neither of us noticed.
Was it just on the receipt, or on the advert too? Goes on about Waiver consumer rights, business to business sale etc...
Sold as seen.
I admit when we were buying the car my wife signed the receipt while I was sorting the bank transfer and neither of us noticed.
If it said it clearly on the ad I wouldn't think there's much to be done. Fortunately they don't sound like terrible issues, albeit frustrating ones, so if it was cheaper than a non-trade sale equivalent it may be better to just bite the bullet, get the issues fixed, and chalk it up to experience. Especially if you say you like the car otherwise.
Putting "Trade Sale" onto a receipt is completely meaningless, unless it is in fact a bona-fide trade sale (for example if you signed up to BCA and showed proof of motor trade insurance, or something like that). Did you show this to the seller? Did he insist it was loaded onto a trailer or car transporter?
So, the obvious question is.........what is a private sale or a trader/dealer?
The less obvious question is: what age/mileage/condition/spec/engine, and was it around CAP Retail, or well under (for example was it CAP Trade price?), or well over? Also did you have an opportunity to inspect and test drive the car (if so, unlikely to be a trade sale).
So, the obvious question is.........what is a private sale or a trader/dealer?
The less obvious question is: what age/mileage/condition/spec/engine, and was it around CAP Retail, or well under (for example was it CAP Trade price?), or well over? Also did you have an opportunity to inspect and test drive the car (if so, unlikely to be a trade sale).
It’s wasn’t any cheaper than other cars of similar age, spec and mileage.
It was a fair price IMO.
It didn’t say on the advert it was a trade sale.
It just looked like any other car advert from an independent dealer.
In fact the advert is still on EBay.
I’m not going to suck it up. It needs £1000 worth of work on it only 8 days after I bought it.
It’s also mid described, just small stuff like it had FSH but there’s a 2 year gap.
Thanks for all the replies
It was a fair price IMO.
It didn’t say on the advert it was a trade sale.
It just looked like any other car advert from an independent dealer.
In fact the advert is still on EBay.
I’m not going to suck it up. It needs £1000 worth of work on it only 8 days after I bought it.
It’s also mid described, just small stuff like it had FSH but there’s a 2 year gap.
Thanks for all the replies
As others have said, just because it says trade sale, it doesn’t mean it is. However, saying that, you need to weigh up how much it’s going to cost you to get any redress (solicitors aren’t cheap and results aren’t guaranteed) vs spending the money sorting it yourself and then enjoying the car.
Chris
Chris
When I saw it said Trade Sale I was annoyed but thought he can put whatever he wants on it. It doesn’t mean I don’t have consumer rights.
However, how easy it will be to get that refund is another matter.
I’ve contacted a family friend who works for a large legal firm to ask for advice.
It’s not his field but he said he would ask a colleague to give me a call to advise the best course of action.
I’ll keep this thread updated.
However, how easy it will be to get that refund is another matter.
I’ve contacted a family friend who works for a large legal firm to ask for advice.
It’s not his field but he said he would ask a colleague to give me a call to advise the best course of action.
I’ll keep this thread updated.
As has been said, you cant sign your rights signed away by the words "trade sale" on an invoice.
I would say your best way forward is a Letter Before Action. There are templates out there but basically its a short summary of the situation so far (factual, not emotional). A statement of what you want to happen - "a full refund OR the repairs carried out". When you want it to happen by - "within 14 days of receipt". Then what will happen if he doesnt comply - "you will have the repairs done and pursue him through the court system for the cost and your associated costs".
Send that via special delivery, send another copy in a handwritten envelope to their premises with receipt of posting (they cant refuse the delivery of it and wont know what it is anyway), send another copy via a picture of the letter via email to them and IF they are limited company get the directors addresses from companies house and send them copies too.
That way they cant deny they received it.
If he doesnt comply within the timeframe, action the repairs, get it all receipted and start small claims court proceedings.
You might just make him uncomfortable enough with this to comply. Small claims will cost you very little and again, you'll make him uncomfortable. You will almost certainly win - whether he pays or not is another thing but it'll cause him discomfort.
I've done this twice - once over £5K worth of issues with leaking window frames and once over a £300 mobile phone sent to one of the online "we buy your phone" sites. Worked both times. Both complied ahead of me having to take any action.
I'm almost certain theres info on Money Saving Expert on how to do it but its a well documented process.
Solicitors will cost you £££s per letter and will follow the same process.
I would say your best way forward is a Letter Before Action. There are templates out there but basically its a short summary of the situation so far (factual, not emotional). A statement of what you want to happen - "a full refund OR the repairs carried out". When you want it to happen by - "within 14 days of receipt". Then what will happen if he doesnt comply - "you will have the repairs done and pursue him through the court system for the cost and your associated costs".
Send that via special delivery, send another copy in a handwritten envelope to their premises with receipt of posting (they cant refuse the delivery of it and wont know what it is anyway), send another copy via a picture of the letter via email to them and IF they are limited company get the directors addresses from companies house and send them copies too.
That way they cant deny they received it.
If he doesnt comply within the timeframe, action the repairs, get it all receipted and start small claims court proceedings.
You might just make him uncomfortable enough with this to comply. Small claims will cost you very little and again, you'll make him uncomfortable. You will almost certainly win - whether he pays or not is another thing but it'll cause him discomfort.
I've done this twice - once over £5K worth of issues with leaking window frames and once over a £300 mobile phone sent to one of the online "we buy your phone" sites. Worked both times. Both complied ahead of me having to take any action.
I'm almost certain theres info on Money Saving Expert on how to do it but its a well documented process.
Solicitors will cost you £££s per letter and will follow the same process.
Is the seller actually aware the invoice says 'Trade'? It might have been an admin error. If it was me I'd put that to one side and proceed as if it was a retail sale (which it was because you're not trade). If the seller says 'Haha tough luck it was a trade sale, bugger off' then you know he's dodgy and can plan your attack differently.
Only once have I bought a car from a dealer with functioning a/c. It had a knackered gearbox instead. I've found that cars bought privately have been better.
Only once have I bought a car from a dealer with functioning a/c. It had a knackered gearbox instead. I've found that cars bought privately have been better.
If it’s the type of outfit who will stick trade sale / sold as seen on a receipt, then I suspect only court action may spur them to do something.
Fingers crossed for you, but it does seem you haven’t done some of the basic due diligence on a purchase which help lessen the chances of these things happening.
Drop the seller an email via eBay and see if you get any joy, perhaps we can give them the benefit of the doubt for now.
Fingers crossed for you, but it does seem you haven’t done some of the basic due diligence on a purchase which help lessen the chances of these things happening.
Drop the seller an email via eBay and see if you get any joy, perhaps we can give them the benefit of the doubt for now.
Deep Thought said:
As has been said, you cant sign your rights signed away by the words "trade sale" on an invoice.
I would say your best way forward is a Letter Before Action. There are templates out there but basically its a short summary of the situation so far (factual, not emotional). A statement of what you want to happen - "a full refund OR the repairs carried out". When you want it to happen by - "within 14 days of receipt". Then what will happen if he doesnt comply - "you will have the repairs done and pursue him through the court system for the cost and your associated costs".
Send that via special delivery, send another copy in a handwritten envelope to their premises with receipt of posting (they cant refuse the delivery of it and wont know what it is anyway), send another copy via a picture of the letter via email to them and IF they are limited company get the directors addresses from companies house and send them copies too.
That way they cant deny they received it.
If he doesnt comply within the timeframe, action the repairs, get it all receipted and start small claims court proceedings.
You might just make him uncomfortable enough with this to comply. Small claims will cost you very little and again, you'll make him uncomfortable. You will almost certainly win - whether he pays or not is another thing but it'll cause him discomfort.
I've done this twice - once over £5K worth of issues with leaking window frames and once over a £300 mobile phone sent to one of the online "we buy your phone" sites. Worked both times. Both complied ahead of me having to take any action.
I'm almost certain theres info on Money Saving Expert on how to do it but its a well documented process.
Solicitors will cost you £££s per letter and will follow the same process.
I’ll save thisI would say your best way forward is a Letter Before Action. There are templates out there but basically its a short summary of the situation so far (factual, not emotional). A statement of what you want to happen - "a full refund OR the repairs carried out". When you want it to happen by - "within 14 days of receipt". Then what will happen if he doesnt comply - "you will have the repairs done and pursue him through the court system for the cost and your associated costs".
Send that via special delivery, send another copy in a handwritten envelope to their premises with receipt of posting (they cant refuse the delivery of it and wont know what it is anyway), send another copy via a picture of the letter via email to them and IF they are limited company get the directors addresses from companies house and send them copies too.
That way they cant deny they received it.
If he doesnt comply within the timeframe, action the repairs, get it all receipted and start small claims court proceedings.
You might just make him uncomfortable enough with this to comply. Small claims will cost you very little and again, you'll make him uncomfortable. You will almost certainly win - whether he pays or not is another thing but it'll cause him discomfort.
I've done this twice - once over £5K worth of issues with leaking window frames and once over a £300 mobile phone sent to one of the online "we buy your phone" sites. Worked both times. Both complied ahead of me having to take any action.
I'm almost certain theres info on Money Saving Expert on how to do it but its a well documented process.
Solicitors will cost you £££s per letter and will follow the same process.
“ I would say your best way forward is a Letter Before Action. There are templates out there but basically its a short summary of the situation so far (factual, not emotional). A statement of what you want to happen - "a full refund OR the repairs carried out". When you want it to happen by - "within 14 days of receipt". Then what will happen if he doesnt comply - "you will have the repairs done and pursue him through the court system for the cost and your associated costs".
Send that via special delivery, send another copy in a handwritten envelope to their premises with receipt of posting (they cant refuse the delivery of it and wont know what it is anyway), send another copy via a picture of the letter via email to them and IF they are limited company get the directors addresses from companies house and send them copies too”
You’ve a very apt user name!
Had there ever been an official ruling on the trade sale wording? I've bought a couple of cars where they've put trade sale. Couple from dealers that said upfront the consequences, and one from a driveway dealer who didn't. And only put it on the invoice. Unless it is clearly stated to you the implications then surely just adding it on the receipt is not acceptable? That seems like your best route here, get a copy of the advert and make it clear that you were not explained to what the consequences of a trade sale might be.
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