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    Urgent advice please

    I bought a second hand car last Friday 5th may , from a used car dealers . now it's knackered exactly one week later and the guy says I had no warranty so he won't take it back for a refund. please tell me what I can do as we are 1000 out of pocket including the tax and still no car.

    I should have mentioned that he gave me a 12 month MOT when bought but my usual garage says it needs 3 new tyres and one of the advisorys should have been a fail.

    76 Comments

    go to citizens advice

    If he is a trader then I think you may be covered. Perhaps someone else will be able to shed more light

    what did the invoice paper state with regard to warranty?

    some advice here

    which.co.uk/con…hts

    Original Poster

    mutley1

    what did the invoice paper state with regard to warranty?some advice … what did the invoice paper state with regard to warranty?some advice herehttp://www.which.co.uk/consumer-rights/advice/the-second-hand--car-i-bought-has-a-problem-what-are-my-rights



    ​hi. the invoice say it's sold as spare parts without warranty implied.

    loumar76

    ​hi. the invoice say it's sold as spare parts without warranty implied.



    ​if it was sold as spare parts surely you should have realised it's not a car that's to be used but to be broken?

    would of thought if says sold as spare parts that implies the car is not road worthy.

    Original Poster

    adhkarzf

    ​if it was sold as spare parts surely you should have realised it's not a … ​if it was sold as spare parts surely you should have realised it's not a car that's to be used but to be broken?



    it was listed as for sale even on auto trader website with no mention that it was for parts. the salesman picked me up from the bus station in the car and offered me a test drive. he also mot'd for 12 months. he said it would be shown as spares on the receipt because it was less than 1000

    loumar76

    hi. the invoice say it's sold as spare parts without warranty implied.



    i am afraid then you are stuffed. you were taking a big risk. would have only been suitable for someone who knows a lot about cars.

    you can only ask the garage if they would buy it back for scrap or to flog it on to next unsuspecting plod.

    so can we just get this staright ...

    You bought a car that was sold as "sold as spare parts without warranty implied" for best part of £1000 ..... and it came with 12 months MOT?

    EliTom

    I thought MOT didn't transfer over any more?

    loumar76

    it was listed as for sale even on auto trader website with no mention … it was listed as for sale even on auto trader website with no mention that it was for parts. the salesman picked me up from the bus station in the car and offered me a test drive. he also mot'd for 12 months. he said it would be shown as spares on the receipt because it was less than 1000




    sorry but if you were told the receipt would say "for spares" and you were paying almost £1000 for it - then you should have walked away!

    EliTom

    irononreverse

    I thought MOT didn't transfer over any more?




    that is tax / road fund licence

    EliTom

    Original Poster

    the salesman picked me up from the bus station in the car, he offered me a test drive and took it to a garage for an MOT . he told me he was putting it down as spares on the receipt because it was less than a 1000. the car was also advertised as for sale on their own website and autotrader

    Original Poster

    elitom

    so can we just get this staright ...You bought a car that was sold as … so can we just get this staright ...You bought a car that was sold as "sold as spare parts without warranty implied" for best part of £1000 ..... and it came with 12 months MOT?EliTom



    ​yes and my usual garage told me they would have failed it on the advisorys. the mot also failed to advise that it needed 3 new tyres amongst other things

    Original Poster

    irononreverse

    I thought MOT didn't transfer over any more?



    ​the salesman took it for mot test

    loumar76

    the salesman picked me up from the bus station in the car, he offered me … the salesman picked me up from the bus station in the car, he offered me a test drive and took it to a garage for an MOT . he told me he was putting it down as spares on the receipt because it was less than a 1000. the car was also advertised as for sale on their own website and autotrader




    at best the dealer was implying "sold as seen" - this means NO WARRANTY

    many dealer will do this on low value cars they have taken in part exchange because they do not want any liability

    when buying such cars you need to know what you are doing

    Yes you can consider it sharp ptractice from the dealer - but this is business to them and they do not want / are unable to offer a warranty on low value cars.

    Nothing you can do now.

    your only hope is to report the garage that did the MOT if the car now has serious faults that would have caused an MOT fail

    EliTom

    loumar76

    yes and my usual garage told me they would have failed it on the … yes and my usual garage told me they would have failed it on the advisorys. the mot also failed to advise that it needed 3 new tyres amongst other things



    Hooky MOTs are not rare or hard to come by. Think how much that guy who does the MOT earns per hour and how much you need to bend his arm to get that cert!

    Complain about the MOT and try and break his little set up, you might not get much back on the car though.

    Original Poster

    elitom

    sorry but if you were told the receipt would say "for spares" and you … sorry but if you were told the receipt would say "for spares" and you were paying almost £1000 for it - then you should have walked away!EliTom



    ​hindsight is a *****
    Edited by moderator: "May 13, 2017 12:56" 13th May

    Go to trading standards, I think you have 30 days to reject under consumer law which.co.uk/con…hts

    marssimo4

    Go to trading standards, I think you have 30 days to reject under … Go to trading standards, I think you have 30 days to reject under consumer law http://www.which.co.uk/consumer-rights/advice/the-second-hand--car-i-bought-has-a-problem-what-are-my-rights



    problem is that it is sold as spares. despite the OP being misled, the documentation clearly states sold for spares. it is the OP's word against the trader.

    marssimo4

    Go to trading standards, I think you have 30 days to reject under … Go to trading standards, I think you have 30 days to reject under consumer law http://www.which.co.uk/consumer-rights/advice/the-second-hand--car-i-bought-has-a-problem-what-are-my-rights




    not if the receipt / invoice states "sold as spare parts without warranty implied"

    that is exactly why the dealer puts this clause onto the receipt!

    EliTom
    Edited by: "elitom" 13th May

    Original Poster

    marssimo4

    Go to trading standards, I think you have 30 days to reject under … Go to trading standards, I think you have 30 days to reject under consumer law http://www.which.co.uk/consumer-rights/advice/the-second-hand--car-i-bought-has-a-problem-what-are-my-rights



    ​thank you. I am going to contact them on Monday when they open. I wish I new how to add photos to the thread .

    Original Poster

    mutley1

    problem is that it is sold as spares. despite the OP being misled, the … problem is that it is sold as spares. despite the OP being misled, the documentation clearly states sold for spares. it is the OP's word against the trader.



    ​the receipt says sold as spares but the for sale ads didn't. it was listed as for sale with mot till July.

    I'm pretty sure a consumer you would be protected, the car firm a pretty much saying as the vehicle is under £1000 we aren't offering a warranty. The op has been naive in accepting this but I wouldn't mind betting if this went legal the law would sign with them...I would give the firm notice of going to trading standards unless they refund (assuming its under 30 days) and if they won't play ball go to trading standards and see what they say

    Get a screenshot of the advert before it's pulled, if not already.

    Pops

    Whats wrong with it ?
    Unfortunately although you can get it repaired by the garage under your consumer rights, you are not going to be able to trust them fixing it as they sound like cowboys anyway, so no doubt they will string you along.
    Its also now your word against theirs as it states spares on the invoice. I dont think you will get much recourse .
    Ask trading standards about the dodgy MOT , but again hard to disprove it if its only tyres as you could have changed them.

    call citizens advice but as the warranty implicitly states sold for parts, that's what you've bought. Parts, not a driveable car. Sorry to say but you signed it knowing exactly what it said.

    Why would you put 12 months MOT on a car you are selling for 'spares'? It doesn't make sense, the garage are just trying to wriggle out of their responsibility as a trader. The law is weighted towards the consumer in this day and age

    This thread is so full of crap.

    Whatever it states on the receipt, it doesn't affect your consumer rights. What was told to you (try to find an archived version of the auto trader page/their website if you can), is just as important in the eyes of the law, if not moreso, than something written on the invoice.

    In fact, you probably have a good case if it went to court, since you could argue "if it was sold as spares, why did the dealer MOT it".

    Personally, I'd draft a letter to the dealer along the lines of the following:

    --

    With regard to car registration XXX,

    As you are aware, I have contacted you to report that the car you sold to me on XX/YY/ZZZZ for £XXX is faulty, and therefore I am requesting a repair or refund, under the terms of the Consumer Rights Act.

    Although the receipt states that the car was sold for spares, and has no warranty, this was explained to me, by yourself, that this was due to the price. The car was not advertised as spares, and was sold as a complete, working car. If the car was indeed sold as spares, why would you have put it through its MOT test.

    In addition to this, I have taken the car to a VOSA authorised garage who have stated that the car should not have passed the MOT test in its current state, thus the car is not roadworthy. I'm sure VOSA will be happy to inspect the car at one of their garages to confirm this, however I would like to remind you that under the terms of the Consumer Rights Act 2015, the burden of proof is on the retailer, not the consumer, so this would be your responsibility to organise.

    Please organise collection of the car (the car will need to be towed as it is not roadworthy in its current state) and a repair to a fully functional roadworthy condition as sold, or a full refund, within 28 days. If you do not agree to this, or I do not hear from you within this timeframe, I will begin proceedings in the small claims court in order to recover the purchase price of the vehicle.

    I look forward to hearing from you with a satisfactory resolution.

    marssimo4

    Why would you put 12 months MOT on a car you are selling for 'spares'? It … Why would you put 12 months MOT on a car you are selling for 'spares'? It doesn't make sense, the garage are just trying to wriggle out of their responsibility as a trader. The law is weighted towards the consumer in this day and age



    MOT only tests that the car is road worthy and safe to drive, not a guarantee that it won't break down.

    Original Poster

    popolou

    Get a screenshot of the advert before it's pulled, if not already.Pops



    ​thanks but its already gone

    mutley1

    MOT only tests that the car is road worthy and safe to drive, not a … MOT only tests that the car is road worthy and safe to drive, not a guarantee that it won't break down.



    What has that got to do with it being sold as parts?

    bma1445

    This thread is so full of crap.Whatever it states on the receipt, it … This thread is so full of crap.Whatever it states on the receipt, it doesn't affect your consumer rights. What was told to you (try to find an archived version of the auto trader page/their website if you can), is just as important in the eyes of the law, if not moreso, than something written on the invoice.In fact, you probably have a good case if it went to court, since you could argue "if it was sold as spares, why did the dealer MOT it". Personally, I'd draft a letter to the dealer along the lines of the following:-snip-


    ^^this. IMHO, there are enough holes in the dealer's position that they'll realise it is not a case they could adequately defend if proceedings were to commence.

    Pops

    loumar76

    ​thanks but its already gone


    Do you have the full link? Google may have cached it if it was up for a while beforehand.

    Search around for the same advert text in case it was mirrored/duplicated elsewhere.

    Pops

    Sale of goods act covers you. It's the law. If they are not keeping to regs speak to citizens advice or trading standards

    marssimo4

    What has that got to do with it being sold as parts?



    there is no law against a car being MOT for it to be sold as parts. the argument from the trader will be that he did the MOT and the car was running at the time of purchase but that he explained to the OP that it is cheap so there is no warranty if the car breaks down in the near future. this is stated on the invoice and the OP was happy to take the risk as the OP said he knows a little bit about cars or has a friend that does.

    So me being the judge at the court hearing, hums over this and what do i think? i think the probability is that the OP was duped but there is no concrete evidence to prove this so i can't make a judgement against the trader. End of court of session.

    Of course, the judge may decide in the OP's favour, but that is not certain.

    popolou

    Do you have the full link? Google may have cached it if it was up for a … Do you have the full link? Google may have cached it if it was up for a while beforehand.Search around for the same advert text in case it was mirrored/duplicated elsewhere.Pops




    post a link to the dealer's website please

    I will take a look at it

    EliTom

    Original Poster

    popolou

    Do you have the full link? Google may have cached it if it was up for a … Do you have the full link? Google may have cached it if it was up for a while beforehand.Search around for the same advert text in case it was mirrored/duplicated elsewhere.Pops



    ​yes I have the link but when you click it it goes to there website and shows 4 other ford's for sale

    loumar76

    yes I have the link but when you click it it goes to there website and … yes I have the link but when you click it it goes to there website and shows 4 other ford's for sale




    post that link ..

    EliTom

    Original Poster

    elitom

    post a link to the dealer's website pleaseI will take a look at itEliTom



    the ad has been removed but I'm very grateful for any help/advice I can get.


    pendlecarcentre.co.uk/use…ire
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