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CAR ADVICE

hayls Avatar
6y, 11m agoPosted 6 years, 11 months ago
HIYA I im after some advice pople plese , i bought a car from a garage the other day , i have had it less than 24 hours and the engine failure light came on and wont start, i rang the garage because i feel that this is totally unacceptable, but they say that as soon as its drove of the garage its not thre responsibility but as a gesture of goodwill if i can get it towed they would take a look , but not necesaarily fix it > is this correct then as soon as car is sold and drove away i have no rights even tho the car obviously had this fault hen i bought it >
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hayls Avatar
6y, 11m agoPosted 6 years, 11 months ago
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#1
return the vehicle and tell the garage the car was not fit for purpose, ie it broke down. you have plenty of rights with second hand vehicles from a garage.speak to trading standards or google advice on here seeing as its the weekend!
#2
do you belong to RAC or AA? can get them to come out and check it and can ask their advice on purchasing legality. If not phone them (RAC/AA) to see if they can give advice anyway. Either way DO NOT recommend this garage and let them know it! Good Luck!
#3
Be authorative and firm, you have rights, check this link;
http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_second_hand_vehicles.htm#you_bought_the_vehicle_from_a_dealer

You bought the vehicle from a dealer
Your consumer rights when you buy a vehicle from a dealer
If you bought the vehicle from a dealer, you will have certain rights under consumer law.

A secondhand vehicle must match its description, be fit for its purpose, and be of satisfactory quality. However, the standard for meeting the requirement that the vehicle is of satisfactory quality will be lower because it is secondhand. A secondhand vehicle should be in reasonable condition and work properly. When deciding whether a secondhand vehicle is in reasonable condition it is important to consider the vehicle’s age and make, the past history of the vehicle and how much you paid for it.

If a secondhand vehicle needs more extensive repairs than seemed necessary at the time it was bought, this does not necessarily mean that the vehicle is not of satisfactory quality. A secondhand vehicle can be of satisfactory quality if it is in a useable condition, even if it is not perfect.

If the vehicle develops a problem soon after you bought it, you may have a right to return the vehicle to the dealer and get your money back. This would probably need to be within about three to four weeks at the most of buying the vehicle. The problem would need to be fairly major, and you would need to take into account the age, mileage and price of the vehicle when deciding whether it is reasonable to take it back.

You must stop using the vehicle at once and contact the dealer. If you traded-in a vehicle, you are entitled to have it returned if it is still available, or to have the full value allowed on it, if it has been disposed of. If you have left it too late to claim a refund, or you don't want one, you may be entitled to ask for a repair or replacement. The fault must have been there when you bought the vehicle. If you do agree for a major fault to be repaired and the repair turns out to be unsatisfactory, it's not too late to ask for your money back.

If the dealer won't agree to put the problem right, you can take legal action up to six years from the date you bought the vehicle (five years in Scotland). However, it is probably unrealistic to take legal action for a fault in a secondhand vehicle, especially an older vehicle, once you have been using it for a reasonable length of time.

If you take the vehicle back within six months of buying it, the dealer should accept that there was a problem when the vehicle was sold and offer to repair or replace it. If the dealer doesn't accept that there was a problem when the vehicle was sold, they will have to prove this.

After six months, it will be up to you to prove that there was a major problem with the vehicle when it was sold. You will have to provide evidence of this so it may help to get an independent report which could establish the condition of the vehicle when it was sold.

If the dealer agrees to repair the vehicle, the repairs have to be carried out within a reasonable time and without significant inconvenience to you. The dealer must pay the costs of the repairs. If the repair has taken a long time, you may be able to use a service loan car or claim compensation, for example, for the cost of hiring a vehicle. If the dealer refuses to repair the vehicle, you are entitled to get it repaired elsewhere and claim back the cost from the dealer. If the vehicle can't be repaired or replaced or this is considered too expensive, taking into account the type of fault, you may have the right to get some or all of your money back. You will have to negotiate with the dealer to decide on what would be a reasonable amount. In deciding what is reasonable, you will need to take into account how much use you have had out of the vehicle.

For more information about your rights when you buy goods, including secondhand goods, see Buying goods - your rights.

A Citizens Advice Bureau can help you negotiate with a dealer if something is wrong with your vehicle. To search for details of your local CAB, including those that give advice by e-mail, click on nearest CAB.

There are two circumstances in which you may not have a right to complain to the dealer. These are where:

•the dealer specifically drew the vehicle’s defects to your attention before you bought it. You may still be able to make a complaint if, for example, the dealer said the clutch was stiff when in fact it was worn through. If the dealer did not point out the full extent of the defects, they are still liable for those they missed. However, the dealer does not have to say anything about the vehicle’s condition at all
•you inspected the vehicle before you bought it and should have noticed the defects. However, if you didn't notice the defects, you could try arguing that you examined the vehicle as a layperson and could not be expected to spot mechanical or structural defects.
In England and Wales, for more information about what action you can take if you have a problem with a second hand vehicle, see Second hand cars in Consumer Fact Sheets.

Good luck
banned#4
was it sold as seen?
#5
no it wasnt sold as seen it was only a 1000 cus its a w reg , but its just like throwing money away, i was told the car was in perfect running condition when i bough it
#6
What kinda warranty did they say the car came with?

Either way, you still have the right to reject the car as previously mentioned.
#7
Is it french?
#8
Shengis
Is it french?


:lol:
#9
Unless it was sold as seen I think you have a 3 month warranty.
1 Like #10
dimebars
was it sold as seen?


When dealing with, or as, a consumer, the phrase “sold as seen” is effectively meaningless. The term “sold as seen” can only be applied in a reasonable manner and can only apply to the way the goods look: something that can easily be seen on a visual inspection. If one takes the example of a car, advertised for sale as “sold as seen”, the exclusion on liability can only apply to external features, such as scratched or damaged bodywork. It is not reasonable to expect a faulty exhaust or clutch to be picked up on the basis of a visual examination.

The problem for sellers, and the benefit for buyers, is the Sale of Goods Act 1979 (as amended). The Sale of Goods Act 1979 provides buyers with various rights, which state that the goods must be:

• as described
• fit for their purpose
• of satisfactory quality
#11
"Sold as Seen" means nothing when buying from a Business - they have to provide goods that are fit for purpose and they have no way around that. Take it back and if they refuse to fix it then ask for your money back.
#12
^ wot he says
#13
As it is a business and not an individual selling you the car you have the same rights as you would for any other good or service. The car is not fit for purpose so you are entitled to your money back. That is my understanding of the law anyway.
#14
jamstaruk1972
When dealing with, or as, a consumer, the phrase “sold as seen” is effectively meaningless. The term “sold as seen” can only be applied in a reasonable manner and can only apply to the way the goods look: something that can easily be seen on a visual inspection. If one takes the example of a car, advertised for sale as “sold as seen”, the exclusion on liability can only apply to external features, such as scratched or damaged bodywork. It is not reasonable to expect a faulty exhaust or clutch to be picked up on the basis of a visual examination.

The problem for sellers, and the benefit for buyers, is the Sale of Goods Act 1979 (as amended). The Sale of Goods Act 1979 provides buyers with various rights, which state that the goods must be:

• as described
• fit for their purpose
• of satisfactory quality


This is all you need to know right here. Repped for a good informative post.
#15
and if your still getting grief from them your next step is here : :thumbsup:

http://www.citizensadvice.org.uk/
#16
hunchback
Unless it was sold as seen I think you have a 3 month warranty.


im sure the above is correct, garages and traders have to by law give 3 month warranty by default. thats what a few traders have told me recently
#17
Didn't you test it before buying, just a nip round the carpark etc to check that everything was as it seems ?
#18
thanks all , still refusing to talk to me about car , so ill have to threatin him with trading standards i think
#19
hayls
thanks all , still refusing to talk to me about car , so ill have to threatin him with trading standards i think


Don't waste your time threatening him, just go for it. Otherwise you will be without a functioning car for some time - get it sorted fast by getting the heavy artillery in there.

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