Where do i stand legally????
#1
PassionFord Regular
Thread Starter
Join Date: Mar 2006
Location: Barnsley
Posts: 396
Likes: 0
Received 0 Likes
on
0 Posts
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
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
#3
20K+ Super Poster.
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
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
#5
15K+ Super Poster!!
iTrader: (6)
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
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
#7
Regular Contributor
Join Date: Dec 2004
Location: Birmingham
Posts: 222
Likes: 0
Received 0 Likes
on
0 Posts
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
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
Trending Topics
#8
PassionFord Post Whore!!
Join Date: May 2003
Location: ESSEX
Posts: 6,467
Likes: 0
Received 0 Likes
on
0 Posts
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
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
do you have the link still?
#9
PassionFord Regular
Thread Starter
Join Date: Mar 2006
Location: Barnsley
Posts: 396
Likes: 0
Received 0 Likes
on
0 Posts
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
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
#11
Legend
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?
The short answer is No.
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
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
#13
15K+ Super Poster!!
iTrader: (6)
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
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
#16
Legend
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
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.
#17
PassionFord Post Whore!!
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.
.
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.
.
#20
PassionFord Post Whore!!
Join Date: Oct 2005
Location: Sheffield
Posts: 5,689
Likes: 0
Received 0 Likes
on
0 Posts
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?
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?
#21
Legend
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
Trading standards state that after 30 days there is no comback unless a longer waranty was given
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.
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.
(a) the nature of the goods, and
(b) the purpose for which the goods were acquired.
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?
#22
15K+ Super Poster!!
iTrader: (6)
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
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
#23
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
Nor can I find any mention of 30 days on the Office of Fair Trading's website. CLICK for Consumer Advice
#25
Resident Wrestling Legend
iTrader: (3)
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
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
#26
PassionFord Regular
Thread Starter
Join Date: Mar 2006
Location: Barnsley
Posts: 396
Likes: 0
Received 0 Likes
on
0 Posts
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.
.
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.
.
the car now owes me more than i could have got one from a dealer!
#27
PassionFord Post Whore!!
Join Date: Oct 2005
Location: Sheffield
Posts: 5,689
Likes: 0
Received 0 Likes
on
0 Posts
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.
.
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.
.
the car now owes me more than i could have got one from a dealer!
#28
Advanced PassionFord User
Join Date: Feb 2005
Location: Solihull
Posts: 2,090
Likes: 0
Received 0 Likes
on
0 Posts
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
Chris
#29
Black Country RSOC
Join Date: Oct 2005
Location: Stourbridge
Posts: 2,282
Likes: 0
Received 0 Likes
on
0 Posts
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.
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.
#33
PassionFord Post Whore!!
Originally Posted by scottp
can the immobiliser make the car 'stall' or mis-fire whilst it is running????
Has anyone checked the Fuel filter?
Search for HDI faults on here there are loads.
http://www.bba-reman.com/forums/Forum1-1.aspx
.
.
#34
PassionFord Regular
Thread Starter
Join Date: Mar 2006
Location: Barnsley
Posts: 396
Likes: 0
Received 0 Likes
on
0 Posts
Originally Posted by focusv8
Originally Posted by scottp
can the immobiliser make the car 'stall' or mis-fire whilst it is running????
.
cheers
#35
Banned
BANNED
Join Date: Apr 2007
Location: Blackpool
Posts: 1,755
Likes: 0
Received 0 Likes
on
0 Posts
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.
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.
#36
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.
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.
#37
PassionFord Post Whore!!
iTrader: (3)
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
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
#38
PassionFord Regular
Thread Starter
Join Date: Mar 2006
Location: Barnsley
Posts: 396
Likes: 0
Received 0 Likes
on
0 Posts
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
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
#39
Resident Wrestling Legend
iTrader: (3)
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
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