what are my rights...ive bought a dodgy car! - HotUKDeals
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what are my rights...ive bought a dodgy car!

tovi Avatar
5y, 8m agoPosted 5 years, 8 months ago
I bought a car a couple of weeks ago, within 10 days the clutch needed replacing, got the car back and the master seal went...so far it has cost me £690 to repair.
i bought the car off a bloke who had himself as a trade seller, on gumtree he also has a few more cars for sale. I went to his house to look at the car, shook on the deal...gave him his asking price!
Next day i bought the car from the garage he works at paying by credit card.
Do I have any comeback, or do i just smile and take the pain of having to pay out soooo much money i dont particularly have!
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tovi Avatar
5y, 8m agoPosted 5 years, 8 months ago
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#1
Just curious what's the car?
1 Like #2
Hope you have the reciept for this one lol
#3
Sold as seen unless there is any written warranty as far as I know.

I stand corrected, see below from the CAB site.

Edited By: greg_68 on Mar 14, 2011 15:50
#4
If he is a trader, you have some comeback.
2 Likes #5
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 (New window) 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.
#6
Depending on what his status is, you maybe covered by the Sale of Goods act. http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_second_hand_vehicles.htm
banned#7
Outrunner
Depending on what his status is, you maybe covered by the Sale of Goods act. http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_second_hand_vehicles.htm


he's a trader

What did he say when you contacted him?
And if you paid by card at a garage, you could argue the garage was the retailer if he is being funny.
#8
Yes I have :)
dh058977
Hope you have the reciept for this one lol
#9
Take a good look on the Consumer Action Group forums.

They are a MASSIVE help when things go wrong.

They have helped me when I had problems when I bought my car.

Hope you manage to sort it.
#10
cars on gumtree are dodgy. (from my experience)

OP unfortunately theres not much you can do apart from speaking to the trader directly to sort something out.
#11
I bought a mini
And just put my old car in for its MOT before i sell it, and its failed :(
PraxxtorCruel
Just curious what's the car?
#12
tovi
I bought a mini
And just put my old car in for its MOT before i sell it, and its failed :(
PraxxtorCruel
Just curious what's the car?

New mini I take it?
#13
Did you do a test drive? not round the block, but a good half hr or so?
#14
Its a 52 plate mini
nebno6
tovi
I bought a mini
And just put my old car in for its MOT before i sell it, and its failed :(
PraxxtorCruel
Just curious what's the car?

New mini I take it?


nebno6
tovi
I bought a mini
And just put my old car in for its MOT before i sell it, and its failed :(
PraxxtorCruel
Just curious what's the car?

New mini I take it?
#15
I only drove it for about 10 mins. Im not used to driving many differnt cars, but it was only when my OH drove the car and he thought the clutch pedal when depressed was a bit noisy...i thought this was just normal :(
aunty jane
Did you do a test drive? not round the block, but a good half hr or so?
1 Like #16
ALICOM007
EVERYTHING on gumtree is dodgy. (from my experience)

Thats better.

and OP these things usually happen in 3s (oven car braclet) so you should be past the worst now!
1 Like #17
For today anyway!
Its like everyday I have my 3's!!
nebno6
ALICOM007
EVERYTHING on gumtree is dodgy. (from my experience)

Thats better.

and OP these things usually happen in 3s (oven car braclet) so you should be past the worst now!
#18
tovi
For today anyway!
Its like everyday I have my 3's!!
nebno6
ALICOM007
EVERYTHING on gumtree is dodgy. (from my experience)

Thats better.

and OP these things usually happen in 3s (oven car braclet) so you should be past the worst now!

Cant be that bad! Youd be homeless by now if you bought a broken car, faulty oven and broken jewlery every day!
#19
:) ...well i hardly ever spend any time at home...because i have been fighting a builder for 5 years to put right the mess they made to my house. they started in january, and im still living out of my bedroom, i now have a washer :) the work they have re done (dampcourse) seems to be going wrong again...and i had a flood on friday! :S just a bit sick at mo! would like some good news!
nebno6
tovi
For today anyway!
Its like everyday I have my 3's!!
nebno6
ALICOM007
EVERYTHING on gumtree is dodgy. (from my experience)

Thats better.

and OP these things usually happen in 3s (oven car braclet) so you should be past the worst now!

Cant be that bad! Youd be homeless by now if you bought a broken car, faulty oven and broken jewlery every day!
#20
Out of the 7 minis I have owned, 3 of them have needed new gearboxes under 20,000 miles, and 2 of them needed clutches, so this is something I have seen a lot!

First things first, if you need any advice on the mini, please let me know because I do have a bit of knowledge on them.

Second thing, it is very hard to get some traders to repair the issues, some of them are usually quite hard to deal with, and there is not going to be that much profit in it for them to repair indefinately. Clutch would be around £120 for parts (aftermarket) and labour is high because the gearbox needs to be dropped to change, BMW quoted me, wait for it, £1200 for a clutch a couple of years ago.

I would approach the dealer carefully and try to keep on the nice side of him!
#21
You didn't give the dealer chance to rectify the problem so doubt you will get anywhere

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