Newbie seeking advice

Newbie seeking advice

Author
Discussion

N7GTX

7,867 posts

143 months

Monday 29th October 2018
quotequote all
Cult Status Cars said:
Speedo packing up after I bought it was completely above board and fully explained and verified by myself with paperwork etc before purchase so no issues there. Simply just something to fix and certainly does not constitute an offence.

I work closely with trading standards so I’m fully aware of what is right and wrong or where I can find the answer.
Selling a vehicle with a defective speedometer is an offence whether private or trade. Contrary to Section 75 of the Road Traffic Act 1988. Unroadworthy is classed as its use on a road would constitute an offence. A faulty speedo is classed as equipment and therefore, must be in working order.

It is an absolute offence under Road Traffic Law.

Incidentally the advert stated the car had done 47,000 miles. With a broken speedometer that cannot be proved correct so another offence is committed which is a criminal one of a false trade description.

This website in the link is for car dealers to help them avoid problems. It is designed to help them. Some may find it useful.

http://www.lawgistics.co.uk/legal-article-business...

ianwayne

6,293 posts

268 months

Monday 29th October 2018
quotequote all
The photos of at the start of this thread are as stated by the OP, from a 1993 car. The one sold by Cult Status cars to 'Technoholic' is the blue N reg 1995 car. There has been a lot of cross referencing errors here!

Technoholic

490 posts

66 months

Monday 29th October 2018
quotequote all
N7GTX said:
Cult Status Cars said:
Speedo packing up after I bought it was completely above board and fully explained and verified by myself with paperwork etc before purchase so no issues there. Simply just something to fix and certainly does not constitute an offence.

I work closely with trading standards so I’m fully aware of what is right and wrong or where I can find the answer.
Selling a vehicle with a defective speedometer is an offence whether private or trade. Contrary to Section 75 of the Road Traffic Act 1988. Unroadworthy is classed as its use on a road would constitute an offence. A faulty speedo is classed as equipment and therefore, must be in working order.

It is an absolute offence under Road Traffic Law.

Incidentally the advert stated the car had done 47,000 miles. With a broken speedometer that cannot be proved correct so another offence is committed which is a criminal one of a false trade description.

This website in the link is for car dealers to help them avoid problems. It is designed to help them. Some may find it useful.

http://www.lawgistics.co.uk/legal-article-business...
I’m trying to stay out of this thread on purpose as me and the dealer have had some conversations directly but if what you say is true, which I have no reason to not believe, what should my recourse be as this sounds serious?

Penelope Stopit

11,209 posts

109 months

Monday 29th October 2018
quotequote all
Technoholic said:
N7GTX said:
Cult Status Cars said:
Speedo packing up after I bought it was completely above board and fully explained and verified by myself with paperwork etc before purchase so no issues there. Simply just something to fix and certainly does not constitute an offence.

I work closely with trading standards so I’m fully aware of what is right and wrong or where I can find the answer.
Selling a vehicle with a defective speedometer is an offence whether private or trade. Contrary to Section 75 of the Road Traffic Act 1988. Unroadworthy is classed as its use on a road would constitute an offence. A faulty speedo is classed as equipment and therefore, must be in working order.

It is an absolute offence under Road Traffic Law.

Incidentally the advert stated the car had done 47,000 miles. With a broken speedometer that cannot be proved correct so another offence is committed which is a criminal one of a false trade description.

This website in the link is for car dealers to help them avoid problems. It is designed to help them. Some may find it useful.

http://www.lawgistics.co.uk/legal-article-business...
I’m trying to stay out of this thread on purpose as me and the dealer have had some conversations directly but if what you say is true, which I have no reason to not believe, what should my recourse be as this sounds serious?
Mmmm you could simply take the car back and get your money back

Technoholic

490 posts

66 months

Monday 29th October 2018
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You say simply, I'm not sure how simple that would be?

phazed

21,844 posts

204 months

Monday 29th October 2018
quotequote all
Or, it might not be that bad, (cup half full).

Technoholic

490 posts

66 months

Monday 29th October 2018
quotequote all
phazed said:
Or, it might not be that bad, (cup half full).
The car or the process of getting a refund?

phazed

21,844 posts

204 months

Monday 29th October 2018
quotequote all
I was thinking of the car but now that you mention it I think that if you are too sceptical about the work that needs to be done, given these threats about the car and the fact that the dealer has seen and been involved in the conversation. I wouldn't be surprised if he offered you your money back.

Back to my original thoughts, if it is just the outriggers, given the remainder of the chassis is sound, it is probably still a good deal!

Only time will tell.

Let me know if you want to visit?

Cult Status Cars

22 posts

143 months

Monday 29th October 2018
quotequote all
The whole speedo issue has been dealt with and I’ve already offered to pay for a part to fix if required before this thread even started. The service history and mot history stack up fine and the speedo only packed up on me whilst it was in stock with me and I could not fix in time for Dev to take the car as he wanted to drive it away there and then. This was fully explained and accepted.

As people have said it’s not an uncommon fault and I bet it hasn’t stopped any owner taking theirs out on a sunny day working or not...

Cult Status Cars

22 posts

143 months

Monday 29th October 2018
quotequote all
The whole speedo issue has been dealt with and I’ve already offered to pay for a part to fix if required before this thread even started. The service history and mot history stack up fine and the speedo only packed up on me whilst it was in stock with me and I could not fix in time for Dev to take the car as he wanted to drive it away there and then. This was fully explained and accepted.

As people have said it’s not an uncommon fault and I bet it hasn’t stopped any owner taking theirs out on a sunny day working or not...

Technoholic

490 posts

66 months

Monday 29th October 2018
quotequote all
phazed said:
I was thinking of the car but now that you mention it I think that if you are too sceptical about the work that needs to be done, given these threats about the car and the fact that the dealer has seen and been involved in the conversation. I wouldn't be surprised if he offered you your money back.

Back to my original thoughts, if it is just the outriggers, given the remainder of the chassis is sound, it is probably still a good deal!

Only time will tell.

Let me know if you want to visit?
On balance, after learning more about the cars and now knowing the body wasn’t lifted and the likely issues, and the fact it’s seems illegal to sell the car with the speedo issue even if known about, yes if Cult Status Cars (I won’t use your real name even if you decided not to do the same for me on a public forum) offered me my money back I would take it, as this experience has soured my good feeling of getting a TVR that I’ve wanted for years, however it seems that it’s not going to be the case so I have to try and accept that.

In light of that, yes I’d love to come and visit!

Penelope Stopit

11,209 posts

109 months

Monday 29th October 2018
quotequote all
If you have been shown proof of when the speedo failed and proof that it was never a problem before it was last sold.....

Technoholic

490 posts

66 months

Monday 29th October 2018
quotequote all
Penelope Stopit said:
If you have been shown proof of when the speedo failed and proof that it was never a problem before it was last sold.....
No, none of that I’m afraid...

blueg33

35,901 posts

224 months

Monday 29th October 2018
quotequote all
Penelope Stopit said:
If you have been shown proof of when the speedo failed and proof that it was never a problem before it was last sold.....
How do you prove things like that?

Classic Chim

12,424 posts

149 months

Monday 29th October 2018
quotequote all
Find the last actual owner and ask for an honest answer as that would detract from his sale price surely!
In the private world I’m sure a few of these cars have been sold with dicky speedo’s and the new owner takes the problem on Legal or not.
A business selling the car on should repair it surely or they could face prosecution for selling goods not fit for purpose. If the cars not road legal it can’t be sold as road legal or can it ?

Technoholic

490 posts

66 months

Monday 29th October 2018
quotequote all
I have actually written to the previous owner today, snail mail, but I have to hope he replies to me, and maybe that can prove something one way or another. I feel a bit stuck between a rock and a hard place, not sure what to do...

N7GTX

7,867 posts

143 months

Monday 29th October 2018
quotequote all
Techno, I was looking for a winter project and this was on my horizon. My post about the legality was not to scare you, just to put the record straight for the dealer and the link was an attempt to let him read a website that is designed to prevent problems like this. It is on a dealer's side.

From your list of issues, that for me would not have prevented a sale. You are a hands on sort of bloke so almost all the problems you can fix yourself. One day you can have a new roof - circa £700 - to make the car mint. The biggest outlay will be the outriggers if they need doing. There is an offer from Phazed (Peter) and he will no doubt let you put the car on his ramp and do an inspection with you. I advise you contact him asap by private message and sort something out. He is very knowledgeable and extremely helpful.
If you do decide to keep the car and sort it, Phazed's method of outrigger repair is an inexpensive way of doing this.
If you send off the speedo - if it is the speedo and not the sensor (check this first) - to Speedy Cables (who are notoriously slow apparently) use a Satnav speedo app to keep you on the road.

Until this conversation came up, you loved the car. Once you know the main chassis is good and solid I would say keep it, tinker with it and enjoy it. They are all ongoing restorations!

SMB

1,513 posts

266 months

Tuesday 30th October 2018
quotequote all
Technoholic said:
I have actually written to the previous owner today, snail mail, but I have to hope he replies to me, and maybe that can prove something one way or another. I feel a bit stuck between a rock and a hard place, not sure what to do...
Bear in mind that many cars suffer stuck odometers, just look at those saying theirs is stuck at x9999 miles If the mot and service history makes sense, is your project car really worth any less if it's 67k miles or 47k? Condition is everything and you seem to have a plan to add to the condition side.

900T-R

20,404 posts

257 months

Tuesday 30th October 2018
quotequote all
I'll join the 'stick with this one' choir - there's nothing really to gain by going through the trouble of returning this car and getting another one which *will* require similar work sooner rather than later. At this level, all you are buying is a base to work from, you like the car and by the sounds of it you paid a fair price for what it is. smile

ScrumpyJack

Original Poster:

31 posts

145 months

Tuesday 30th October 2018
quotequote all
I haven't looked at the forum for a while so was surprised to see this thread so active.

If the proprietor is reading this I was looking at the car with genuine interest and had no intention of wasting your time. I only commented on what I saw and besides the underside I would have been happy with the car knowing it required some work. I did spend an enjoyable couple of hours as you state and there was no criticism given or intended in my post of you or your business.

I did not lie to you. The photos acted as an aide memoire and used to benefit from others knowledge and experience. They where not taken to portray the car in a poor light. With the exception of one I posted here the rest are on a photo-hosting site. In hindsight I should have cropped the one with your business name showing, I have now deleted it.

I have never spent this much money on a car so when I do commit I want to be sure. As the car did not go up on a ramp the photos where very helpful as has been the input on the forum.

There has been some confusion with the 2 cars I looked at. On the photo-hosting site they are stored in different albums. But when accessing via a link it appears that they are not segregated and displayed in the sequence that they where taken.

The comment about "a wasted journey" was aimed at those who might have higher expectations of the chassis. I assume that the buyer had seen the pictures so did not have a wasted journey.



Edited by ScrumpyJack on Tuesday 30th October 20:03