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Where do i stand legally????

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Old 03-08-2007, 03:50 PM
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scottp
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Default Where do i stand legally????

Hi,

I bought a 306 HDi about 3 months ago, and from the day i started driving it i have had nothing but trouble.

The car has an intermittant fault and cuts out whenever it likes, sometimes a few days apart, other times it wont start.

its been to a few garages and even the man who most garages send the shit they dont want to fix (mainly electrics) could not find the fault!

How do i stand regarding wanting my money back????

The 'private' seller (who lists quite a few cars on ebay ) wrote on the reciept 'sold as seen', does that make a difference?

Cheers
Old 03-08-2007, 03:55 PM
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Phil79
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Why should you get your money back?

If you tested it before you bought it, how do you know it was doing it before that?

You aint a chance mate
Old 03-08-2007, 04:19 PM
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tabetha
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Sold as seen don't mean jack shit.
SALE AND SUPPLY OF GOODS AND SERVICES ACT.
Any item sold must be fit for the purpose for which it is intended.
Your problem would be that you have to prove that the car was faulty before he sold it to you, but you certainly have a claim ok as the law stipulates that any MAJOR malfunction/fault within the first six months is down to the seller, if he is a trader.
It might be worth contacting the previous owner to see if the problem was there when they sold the car to him(trader).
I would without doubt contact TRADING STANDARDS, they will pursue it on your behalf.
tabetha
Old 03-08-2007, 04:21 PM
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Porkie
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But he is not a trader....

You are fooked. Sorry
Old 03-08-2007, 04:34 PM
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Mr RS500
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All the " you bought it from a trader " so you have 3 months waranty is bollocks

Im sorry to say but after 30 days you havent got a leg to stand on , trader or none trader

I would say a quick call telling him your going to call your local tax office may get you the reply you would like
Old 03-08-2007, 04:41 PM
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scottp
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i will look further into it tabetha, cheers

anyone know how to get fone numbers from addresses as i have the previous owners details?
Old 03-08-2007, 08:06 PM
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llw
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what if a trader sells the car, and on the reciept writes " TRADE SALE "

as in no warranty etc, because its too cheap as it is

then do u have a leg to stand on

btw sorry to hijack your thread
Old 03-08-2007, 08:10 PM
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Default Re: Where do i stand legally????

Originally Posted by scottp
Hi,

I bought a 306 HDi about 3 months ago, and from the day i started driving it i have had nothing but trouble.

The car has an intermittant fault and cuts out whenever it likes, sometimes a few days apart, other times it wont start.

its been to a few garages and even the man who most garages send the shit they dont want to fix (mainly electrics) could not find the fault!

How do i stand regarding wanting my money back????

The 'private' seller (who lists quite a few cars on ebay ) wrote on the reciept 'sold as seen', does that make a difference?

Cheers
where did you buy it from?

do you have the link still?
Old 03-08-2007, 08:20 PM
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scottp
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the item has now been taken off ebay as it ended over 3 months ago, i copied the description and will post it later.

Im just pissed off as i saved up like a mad man to afford the thing (on £80 a week), passed my test with the hope of freedom and now i have to get lifts into work!!!! when you have just started a new job it dont look good ringing the boss to let him know you will be late cos of the shitter you bought!!!!! Me and the bird cant even go anywhere

Threats might be the only option if i can't pin point the problem! its not what i want to do but desperate times are cause for desperate measures!!!!

i can afford another car either until the money comes in for this!

Cheers
Old 03-08-2007, 08:21 PM
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xr2i-carl
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what part of the country did you buy it?
Old 03-08-2007, 08:28 PM
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Paddy
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There is a VERY short window to return a used car if it's faulty and even then you would have to give the seller the opportunity to fix it or offer a reasonable alternative.

And that's only if you buy it from Trade.

If you bought it from a private punter and want to return it 3 months later? No offence intended but did you REALLY think you could on a 2nd hand car?

Originally Posted by llw
what if a trader sells the car, and on the reciept writes " TRADE SALE "

as in no warranty etc, because its too cheap as it is

then do u have a leg to stand on

btw sorry to hijack your thread
The short answer is No.
Old 03-08-2007, 08:28 PM
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sorry you havent got a leg to stand on, perhaps you should ask for advice on sorting the isues with the car instead
Old 03-08-2007, 08:31 PM
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Mr RS500
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Where ever and whoever you bought it form is not important mate

As i have said ,,,,,AFTER 30 DAYS YOU DO NOT HAVE A LEG TO STAND ON , and it matters not one little bit who you bought it from

Im not trying to be a twat , im just telling you how it is so you dont waist any time trying to get your money back

After 30 days ( unless a waranty for longer was stated ) thats all by law a seller has to give

Paul
Old 03-08-2007, 08:36 PM
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xr2i-carl
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surely a private seller, you have no comeback?
Old 03-08-2007, 08:44 PM
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scottp
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im not really expecting anything, anyone know any goodHDi mechanics????
Old 03-08-2007, 08:45 PM
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Paddy
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Originally Posted by NORTH YORKS RS SPARES
After 30 days ( unless a waranty for longer was stated ) thats all by law a seller has to give
I don't know where you got the 30 days from Paul?

After a recent County Court Case, freakishly enough involving a 406 HDi [sold by an *ahem* friend ] where the purchaser was told uncategorically by the Judge that the opportunity to return the car was a "very short time period" and classified it no more than that in any of the case books they have. I could probably dig out the judgement stating that tomorrow.

Incidentally we fixed the car when it broke [after he'd done 1500 miles in it, but that's the service you get when you buy from a reputable dealer, not some back street/bedroom trader ] and fixed it AGAIN when he snapped the key off in the ignition AFTER his 3 month warranty had run out - with no labour expense to him. AND he was given a loan car AND after the first time he was offered a full refund AND after the 2nd time a partial refund plus the loan car.

But none of this was relevant to the judge because of this "very short period of time" in which he had to reject the car.

I did actually ask the bloke afterwards who the fuck gave him his legal advice and did he honestly think he was going to get anything? He said his dad in law, who's a forklift driver and was quite surprised when I told him that none of this was news to us as our advice came from a solicitor.

Anyway, you don't have a leg to stand on, the best advice was as someone said above, ask if anyone knows how to fix it. You've got less chance of getting your money back than I have of playing lacrosse for Japan in the next Olympics.
Old 03-08-2007, 08:47 PM
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focusv8
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We've had several Peugeot HDI vans fail the same, sometimes start sometimes not, sometimes the fault repeats daily, sometimes longer.
It's mostly been the immobiliser module that's the problem.
Don't know how much they cost, all repairs were warranty.
It'll be a dealer only fix, probably as the module will have to be programmed.

.
Old 03-08-2007, 08:53 PM
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what do you mean by the "private" seller?

And what sort of receipt did he give you.
Old 03-08-2007, 09:02 PM
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Paddy

Trading standards state that after 30 days there is no comback unless a longer waranty was given
Old 03-08-2007, 09:43 PM
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S1rst
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It is unfortunate that your having problems with the car mate, but its the risk you take when buying private. You chose to buy one private to save money at a guess, so you pay your money and take your chance.

Without sounding too harsh, it seems like you wouldnt have taken it further if the garages found the problem, as it would probably still be cheaper than buying it from a dealer???

You need to take it to a decent garage mate, maybe a specialist. Id also ask for some help on some pug forums. Im sure someone would be able to narrow it down to one or two things it could be on the forums.

Out of interest, did you contact the seller the day the problems started to see what he said, as you said it started from day one?

Ask yourself this one though mate, would you give someone their money back after 3 months if it was you?
Old 04-08-2007, 06:38 AM
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Paddy
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Originally Posted by NORTH YORKS RS SPARES
Paddy

Trading standards state that after 30 days there is no comback unless a longer waranty was given
Show me where it says that about 30 days for used cars? You know I'm talking about REJECTING the car, not asking for anything to be fixed? The consumer HAS to give the Trader the opportunity to put it right, as I said before BUT well:

This is what Trading Standards have to say about used cars specifically: Click Here

If you can't be arsed to read through, here's the relevant bit:

Originally Posted by Trading Standards
it is unrealistic to consider legal action for defects on used cars – especially older vehicles – once you have had them in use for a reasonable length of time.
Other than the 6 years time period on ALL products for making a claim, there is no mention of a specific time period for backing a car.

Read the Sales of Goods act Here

Specifically 48B Repair or Replacement of Goods:

Originally Posted by Sale of Goods Act
(5) Any question as to what is a reasonable time or significant inconvenience is to be determined by reference to—

(a) the nature of the goods, and

(b) the purpose for which the goods were acquired.
There is NO mention of 30 days, just reference to "reasonable amount of time".

What it boils down to is that if the customer accepts the car on the grounds that they examined it when purchasing and sign a receipt/invoice, then they have a very short time window in which to reject. As said above, they can ask for the car to be fixed or even replaced, but it would have to be pretty quick to reject a USED car.

I know it's different for mail order or goods described and ordered, maybe there is a 30 day time limit on that. I don't do mail order so I haven't made myself aware of the laws on that. But I HAVE had a recent judgement in my favour, taking into account all this information here

You sure you're not thinking of the Argos 30 day money back guarantee?
Old 04-08-2007, 08:49 AM
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Paddy

Just ring trading standars and ask them

They write all sorts of bollocks on the documents to cover all sorts of cases , but top and bottom line ( if you ring up and ask for there advice ) they will tell you that BASICLY , after 30 days its tough unless a longer waranty was given , or unless the car was sold with faults that the seller new about ( you try and prove that ) or a written warranty was given aover and above 30 days

Im not an idiot , i had some tosser trying to get his money back on a car i sold him because the rear wheel bearing was noisy and this was 6 weeks after he bought it , I rand TS and they said i shouldnt worry as 30 days had gone by and i offered no warranty other than the std 30 days

, They asked me if i had offered to fix it and i said i had offered him £70 to get the car fixed but he refused it ,, they said i had done everything correct and i had nothing to worry about , LEGALY

Paul
Old 04-08-2007, 09:21 AM
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Paul, I have a booklet here of Consumer Rights issued by the Office of Fair Trading and nowhere does it say 30 days. Any timescales mentioned, are written as 'within a reasonable time'.

Nor can I find any mention of 30 days on the Office of Fair Trading's website. CLICK for Consumer Advice
Old 04-08-2007, 09:53 AM
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sell the fucking thing, problem solved


Luciano
Old 04-08-2007, 10:15 AM
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short of totaling it and getting the insurance money (which is not what i'm trying to recommend here) i think you are just going to have to fix the prolem

they are fairly decent engines so it it's an electrical fault that may cost a few quid to fix it may be the way forward

just post the "dealers" details here so we know who to avoid and you know who to send the tax man after
Old 04-08-2007, 11:43 AM
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scottp
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Originally Posted by focusv8
We've had several Peugeot HDI vans fail the same, sometimes start sometimes not, sometimes the fault repeats daily, sometimes longer.
It's mostly been the immobiliser module that's the problem.
Don't know how much they cost, all repairs were warranty.
It'll be a dealer only fix, probably as the module will have to be programmed.

.
can the immobiliser make the car 'stall' or mis-fire whilst it is running????

the car now owes me more than i could have got one from a dealer!
Old 04-08-2007, 11:51 AM
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S1rst
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Originally Posted by scottp
Originally Posted by focusv8
We've had several Peugeot HDI vans fail the same, sometimes start sometimes not, sometimes the fault repeats daily, sometimes longer.
It's mostly been the immobiliser module that's the problem.
Don't know how much they cost, all repairs were warranty.
It'll be a dealer only fix, probably as the module will have to be programmed.

.
can the immobiliser make the car 'stall' or mis-fire whilst it is running????

the car now owes me more than i could have got one from a dealer!
As i said above mate, get some advice from some pug forums and im sure you'll have it sorted in no time. These type of electrical problems are usually something of nothing, its just finding the bugger thats the problem. I bet its more than likely a bad connection or a corroded wire. Have you tried going round the wiring yourself with the mulit-meter?
Old 04-08-2007, 11:54 AM
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All of you quoting the statutes are neglecting the fact that law in this country is also determined by precedent. If a high court case has, in a case of similar circumstances, determined the definition of a reasonable time period, then that would apply.

Chris
Old 04-08-2007, 12:32 PM
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Matt Evans
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I think you've all missed on fundemental issue. Ebay is an auction. It has exactly the same legal standings as a regular car auction.

You bid, you pay, you drive away. If the car doesnt make it out of the rostrum area, you may have a case, otherwise its your car, deal with it.

If all the people who brought cars from auctions took them back after 3 months because there were faults with them, the auctions would soon tell them to bugger off.

Why do you think the motor trade puts all the shitters/problem cars through the auction. Its because they want rid with no comebacks.

Ebay is fundamentally no different. The only difference with ebay is that everyone bleats about it.

Face it, its a problem car. Get it valeted, stick a full mot on it and get it down to the local auction & sell it on. That way someone else will inherit the problem, you'll get most of your money back and move on.
Old 04-08-2007, 12:48 PM
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scottp
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i have signed up to 306 net but no one knows whats up with it!
Old 04-08-2007, 01:58 PM
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is there a big multiplug by the headligh somewhere that you can unscrew?
it imght be water in that if there is
Old 04-08-2007, 02:06 PM
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will have a check matey, cheers!
Old 04-08-2007, 02:55 PM
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focusv8
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Originally Posted by scottp

can the immobiliser make the car 'stall' or mis-fire whilst it is running????
The immobiliser cuts off the main fuel solenoid..

Has anyone checked the Fuel filter?



Search for HDI faults on here there are loads.

http://www.bba-reman.com/forums/Forum1-1.aspx


.

.
Old 04-08-2007, 03:17 PM
  #34  
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Originally Posted by focusv8
Originally Posted by scottp

can the immobiliser make the car 'stall' or mis-fire whilst it is running????
The immobiliser cuts off the main fuel solenoid..

.
how can i check it out though???

cheers
Old 04-08-2007, 03:26 PM
  #35  
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in cases like this i have to laugh at people stating his 'rights'.

now in my neck of the woods, if you buy a car and something goes wrong even 5 minutes down the road, and you call up the seller, you'll get a 'tough shit' kind of comment. i dont live in a rough area lol im just talking about the 'real world'...

now say i went back and said "section 3, paragraph 4 states that i have the right to make you repair this vehicle!"

the seller would say "tough shit...you could have done that yourself, take me to court if you want, bye (beeeep)"

then your looking at months and months of expensive legal costs and fucking hassle to sort it out...without a guarantee that your gonna get this money back because proving that it was like that when you bought it is such a grey area.

most people would just cut thier loses and pay for the repair themselves when they had calmed down a bit.
Old 04-08-2007, 08:39 PM
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Bought a clio for a mate years ago, seemed fine, 2 hours later, big noises, and turned out to be crank was fooked

BUT... we got the car 600 notes cheaper than the going rate so by the time we fixed it, it was about evens.

How cheap did you get the car part in comparison to others???

You options are, check the sites for common faults rather than asking and waiting for replies. Then fix/check the bits listed as cures until you sort it.

Clean the car up nice, stick it up for sale and hope it don't fook up on the test drive.

Or, sell it with an intermiten fault mentioned on an ebay listing and see what you get - stick in a high reserve. sell it as - only now and then, will be something small but don't have the k nowledge to find it so just lived with it, sort of thing.

As for getting cash back of the seller, forget it mate, not worth the hassle, threats will fall on death ears.
Old 04-08-2007, 09:25 PM
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Kevin Sharp
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LOL @ money back after over 90 days

i have also heard the 30 day thing not sure it applies to used cars i dont think so..but with a major motorhome manufacturer i deal with i got offered a motorhome the customer had rejected within 30 days due to faults and they gave him his money back..their qc had looked at the paperwork and they didnt have a leg to stand on because of the 30 day thing...BUT this was a BRAND NEW VEHICLE

as for ebay i had some clowns come to collect a 23 year old motorhome today i sold for £1500 i picked them up at the local train station and they came up and started kicking tyres and asking if i had a ramp to check it over on...FUCK OFF it was advertised as being a rough old camper..then they were £40 short of cash...so were promptly directed to the cash machine up the road... before the auction end he rang me and spent 15 mins on phone i told him 3 times this is a rough old van..if you are not sure dont bid..will prob get a negative from them
Old 04-08-2007, 09:27 PM
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i didnt get it that cheap really, average.

I am not the type of person who winges but this has pissed me off. put yourself in my position, i could loose my job and the biggest achivement in my life means nowt as i cant drive.

the only reason i considered it cos i remembered a thread someone posted ages ago and recalled 3 or 6 months, win some loose some!

I have posted on most forums and no-one can pinpoint the problem and this sort of problem is not common, and its too intermittant for anyone to find! if all else fails its going on ebay as suggested
Old 04-08-2007, 09:41 PM
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if you want to talk about buying stuff cheap and then having to fork out on it, in a years ownership ofgf the mondeo i have changed both track rod ends and both lower ball joints, plus had all the brakes overhauled and everything serviced that needed to be
plus the cock up with the log book and chassis number caused me loads of agro
so i've spent the thick end of £700 putting it right and there's a scratch on the bonnet which is really glaring, but the flip side of it is that i haggled nearly 40% of the original asking price of £4700 off with the words "my budget is £3k" means if i had been sold a pup i would have had to shell out

swings and roundabouts, but it is a fucker
Old 04-08-2007, 10:28 PM
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As said sell the fooker for what you can get and move on.


Quick Reply: Where do i stand legally????



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