Hi all, need some quick help.
Someone I know has bought a car from a independent garage and financed it. The car is, quite frankly a death trap, front brakes are down to the metal, brake lights are faulty, has a bad oil leak, has been in an accident and repaired badly etc. The garage declared nothing about this, so firstly can anyone HPI it for free for me if I PM them the details?
Secondly, they need advice with what to do. The car was bought about a week ago, with a 3 year warranty. It's already spent more time back with the dealer that it has with them, him 'fixing' problems. They got it back finally, still not been fixed! And the guy has said he won't take it back, they're basically stuck with it as he has tried to fix it.
Now, I don't want people going 'they should have checked it, blah blah' because I agree, I even said I would have gone with them! I just need some advice to pass on, so we can try and get rid of this car!

Thanks (sorry for the bad explanation/English, in a rush!)
Sam.

 

im susprised a used car has a 3 year warranty?
is the warranty with them or with a warranty company?
was the car sold with a full mot? if so pads should not be down to metal,but a fail is only 1.5mm-any more than that and it wont fail.
the car has to be fit for its purpose-if it is not they should have the chance to put it right.
a call to trading standards will give your friend all the information they need on how to go about it. if trading standards have had other complaints about the place they may well get involved.
hope this helps
you need to find out if it has been registered as damaged/repaired...that would be a huge help if it is on returning the car to them if they have not declared it.

 

They need to write everything that has happened and what they want and send it recorded delivery to the car sales place. Referencing the sales of goods act as amended 1979. The car is not of satisfactory quality etc and not fit for use. If you have the original ad etc that is good. Give them a week to respond. It will go from there really. If they still wont budge its solicitors letter and if under 5k, a small claims court, which could take months.
I have recently been fucked over on a car and is in the process of still being sorted.

Speak to your local trading standards and citizens advice

http://www.direct.gov.uk/en/Governme...ghts/DG_183047

 

dont you get so long to change your mind legally to get your money back? im sure you do if the goods are faulty and things like sold as seen dont mean shit you can still get the money back id tell them your going to the citizens advice bureau for advise if they say they will not give the money back or pay to have it fixed

 

Isn't there a 14 day cooling off period for buying 2nd hand cars or am I way off the mark?

 

There should be a 14day cool off period to cancel the deal, arage is liable for the first 30 days also. Personaly id speak to the finance company and if the garage does alot of buisness with them theyl take over and sort it

 

sale of goods act car has to be road worthy i would be onto trading standards and the finance company

 

No cooling off period.
Speak to trading standards.

No good asking for advice on here, speak to people who know what they are talking about.

 

Get a full RAC vehicle report, where they come down and check the car, they will fund all the faults and get the garage to put them right

 

We give lifetime warrantys (well for aslong as you own the car) on our cars mate albeit they are no older than 3 years old.

 

Could also try speaking to the finance company perhaps, presuming it is on HP or similar and not a personal loan.
As Trev says though, speak to legal experts. Chances are most on here have had 6 Stellas by now and don't know they're RS from their elbow.

 

Yea I was surprised too, but apparently it is. Pretty sure with the dealer too.
The Pads were down to bugger all, she even said when she was braking down from motorway speeds, not a lot seemed to happen, scared her quite a bit. Also had an MOT recently, not even an advisory for the brakes, so is clearly dodgy.
The car was back with the place she got it from last week, and he has failed to sort it, he tried to blag that a large oil leak was down to the rocker cover gasket, but surprise surprise, as I said to them, it didn't sort it.
She is getting on to trading standards when they re-open Monday, not going to let her get ripped off!
And yea, that's why I asked about a HPI check, see if it's been recorded at some point, just to build up more against him!
I've already told her to get a garage or somewhere to do a full check, and note down everything wrong, from a 'professional' point of view.

Thankyou to the people who replied with helpful posts, I posted on here to see if anyone else had been in a similar situation, and the replies have helped.

 

You lot seem fail to see that trade mots pass regardless........traders are bent as fuck as are MOST mot testers related to them....

 

Yes I know, it's what I've said to everyone I've spoken to about it. Still doesn't make it ok though.

 

How much is the car worth - how much has been financed? Put it down to bad experience or keep going.

Say the car was Ł1,500 but in its current state it's worth Ł750 get rid and get a car that is in better condition albeit older for the Ł750.

I believe you have 14 days with financial agreements unless you sign on their premises in which case the right is waived - however you would have to give the money back as I bet it aint finance I bet it's a loan. Might be the other way round but this is something to look into.

What ever you do - don't stop paying. The finance company/loan company/debt collectors wont give a shit about your story.

If you're going for sales of good act you must REJECT the item for failing to meet x y z standard and quote the part of the act you're going after - if you do not do this then you will get no where, it is prerequisite of the act.

List the faults - but bare in mind they must be faults, simply saying the car is scratched isn't a fault on a 2nd hand car.

You must do it at your first opportunity.

Remember you had the opportunity to inspect the item - if the item is sold at a reduced value because it carries certain faults you have no right to return or complain about buying it with faults unless those faults are clearly stated.

If the car is a decent value it may be worth an hour with a solicitor and a solicitors letter rejecting the car.

 

Thanks, big help! It's like Ł3500 I think, + the interest on the finance.
The faults with the car were never listed, or even brought up by the dealer, so wasn't reduced because of them.
I got ripped off with my Fiesta, because I was a fool really (learnt my lesson the hard way) so don't want her going through the same I did.

 

Then it's worth going for..

HPI the car yourself with a text number as an indication - may not be perfect but it's a starter.

You must REJECT the car.

 

Ah ok cheers, will pass this on to her!