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

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

Author
Discussion

sparkyhx

4,153 posts

205 months

Tuesday 18th October 2011
quotequote all
Porkie said:
I totally agree with how you see it!


I bought a car off someone on here recently. He said the Aircon and Cruise worked fine. As it turns out both were broken when he sold it to me

Is that his fault?

Nope! its mine! I should have checked it out when buying it.
Wrong.........If he makes a statement then it has to be true - proving it is another thing.

If you don't ask questions then the buyer is at fault - if you ask a direct question and are told an answer the seller is wrong.



R500POP

8,785 posts

211 months

Tuesday 18th October 2011
quotequote all
sparkyhx said:
Wrong.........If he makes a statement then it has to be true - proving it is another thing.

If you don't ask questions then the buyer is at fault - if you ask a direct question and are told an answer the seller is wrong.
Unless you have it in writing you will struggke to prove it.

amdowney

Original Poster:

31 posts

166 months

Tuesday 18th October 2011
quotequote all
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

Porkie

2,378 posts

242 months

Tuesday 18th October 2011
quotequote all
sparkyhx said:
Porkie said:
I totally agree with how you see it!


I bought a car off someone on here recently. He said the Aircon and Cruise worked fine. As it turns out both were broken when he sold it to me

Is that his fault?

Nope! its mine! I should have checked it out when buying it.
Wrong.........If he makes a statement then it has to be true - proving it is another thing.

If you don't ask questions then the buyer is at fault - if you ask a direct question and are told an answer the seller is wrong.
I disagree.

and ultimately I am the one left with the problem as never going to be able to prove it.... and I except that when buying a used car from private seller or small time trader working from home that the car is totally sold as seen. Its up to ME to find any problems and do all the checks I want to do. Always presume the worst!


If you want comebacks and warrenty and piece of mind. Then buy from a dealer...


I do actually think he believed they were working. They werent though. I should have checked. My fault.

amdowney

Original Poster:

31 posts

166 months

Tuesday 18th October 2011
quotequote all
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

R500POP

8,785 posts

211 months

Tuesday 18th October 2011
quotequote all
amdowney said:
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 working car! Why should this piss you off?
Cause she paid feck all for it.

You are also assuming he did it on purpose. If there was no warranty offered you are always rnning the risk of something goinf wrong & costing you.

amdowney

Original Poster:

31 posts

166 months

Tuesday 18th October 2011
quotequote all
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."

Porkie

2,378 posts

242 months

Tuesday 18th October 2011
quotequote all
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.
I'm soooooooo with you!


amdowney

Original Poster:

31 posts

166 months

Tuesday 18th October 2011
quotequote all
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

R500POP

8,785 posts

211 months

Tuesday 18th October 2011
quotequote all
amdowney said:
Or rather the dealer shoudn't be selling cheap cars if he doesn't want to take responsibility for what he's dealing with?
If you buy a cheap snotter you have to expect issues, if you can't accept taht you are unreasonable.

I paid £1000 for my G1 Insight unseen in full knowledge that as it was so cheap it may need some work, I did my reasearch on what may be wrong & took a calculated risk on a snotter.

It needed new gearbox bearings when it arrived, the windows didn't work, the A/C wasn't working. Did I moan, no, not once

R500POP

8,785 posts

211 months

Tuesday 18th October 2011
quotequote all
amdowney said:
Yes there is the risk of something going wrong, but this something was already wrong when the car was sold, clearly making iut not fit for purpose! Simples
Was the light on when you bought it then?

amdowney

Original Poster:

31 posts

166 months

Tuesday 18th October 2011
quotequote all
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

hairykrishna

13,185 posts

204 months

Tuesday 18th October 2011
quotequote all
R500POP said:
amdowney said:
Or rather the dealer shoudn't be selling cheap cars if he doesn't want to take responsibility for what he's dealing with?
If you buy a cheap snotter you have to expect issues, if you can't accept taht you are unreasonable.

I paid £1000 for my G1 Insight unseen in full knowledge that as it was so cheap it may need some work, I did my reasearch on what may be wrong & took a calculated risk on a snotter.

It needed new gearbox bearings when it arrived, the windows didn't work, the A/C wasn't working. Did I moan, no, not once
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.

amdowney

Original Poster:

31 posts

166 months

Tuesday 18th October 2011
quotequote all
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.

WeirdNeville

5,969 posts

216 months

Tuesday 18th October 2011
quotequote all
R500POP said:
amdowney said:
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 working car! Why should this piss you off?
Cause she paid feck all for it.

You are also assuming he did it on purpose. If there was no warranty offered you are always rnning the risk of something goinf wrong & costing you.
1) If this guys is selling cars for profit (not much on a sub £1k motor) then he should be aware of the risks in cheap cars and selling decent examples at least. Anything else is just bad business. If he's trying to sell shonky cars privately to dissociate them from his trade, then he's a dodgy dealer.
2) Why should you expect a cheaper car to have some faults? I bought my BMW for £700 18 months ago. It's been reliable for 16,000 miles now. Everything works. This myth that cheap cars have to be deathtraps, unreliable or on their last legs - it's not true. But it IS in the interests of dealers who make the bulk of their profits in the £5k-£15k second hand market to perpetuate the myth.
3) If you buy a car, then you have an expectation that the seller is at least honest. If there's a fault, and I ask "Are there any faults?" and they reply "No mate, all fine!" then they are lying. A car buyer cannot and should not be expected to be a mechanic, capable of diagnosing everything from a rotten chassis to a knackered o2 sensor to a dangerous repair.

I would expect the OP to be able to either get the car repaired at the sellers expense, or else get a refund on the grounds that the car isn't fit for purpose (it's broken) or as described by the seller. I hope that this is what has happened.

Kiltox

14,622 posts

159 months

Tuesday 18th October 2011
quotequote all
R500POP said:
I paid £1000 for my G1 Insight unseen in full knowledge that as it was so cheap it may need some work, I did my reasearch on what may be wrong & took a calculated risk on a snotter.
But then £1000 was cheap due to it's condition - £1000 for an old Clio is about right, you'd only pay a couple of hundred quid for a knackered one at most!

R500POP

8,785 posts

211 months

Tuesday 18th October 2011
quotequote all
amdowney said:
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
Er, the car was bought unseen as I said, but I paid feck all so I wasn't expecting much, and yes, the car was undriveable as it felt like the box was dropping out.

I'd also appreciate it if you didn't call me stupid. After all, I'm not the one who didn't read my post properly & see where I said my car was bought unseen, therby, one would assume unless stupid that it was obvious that I couldn't test the A/C or the windows.

Edited by R500POP on Tuesday 18th October 12:45

treetops

1,177 posts

159 months

Tuesday 18th October 2011
quotequote all
If you operate as a trader the same rules apply to you as much as they do to the major retail chains.

The only difference is that you are working on a smaller scale.


Thats the thing people don't realise as either they know or they ignore it.

It only takes a major slip up, brakes failure lets say and a major accident and those friends or whomwever you sold the car too want to sue someone it comes back to bite you.

Resulting investigation could be potentially ruinous.

No matter if cars sold at a loss / profit or whatever.

If its deemed by background investigations - DVLA checks / Tax returns / etc...

You have to know what you are getting into sign above the door or not.



R500POP

8,785 posts

211 months

Tuesday 18th October 2011
quotequote all
amdowney said:
A completely different scenario then
Not really, I bought a £1000 snotter, but I was realistic with my expectations.

Kiltox

14,622 posts

159 months

Tuesday 18th October 2011
quotequote all
I bought a £250 snotter from a trader - after filling the tank with fuel it started pissing everywhere.

Call me all of the s under the sun if you like - I took it back and asked for my money back because the car was dangerous. The guy gave me my money back without any kind of hassle, given it wasn't worth his reputation for the sake of £250 and sent it off to the crusher for probably £150 anyway.

(oh - and someone had been bodging up the fuel sender at the top of the tank with gaffer tape)