To all motor traders.... HELP!!

[BaldGuy]

I recently bought my CLK (3 weeks ago) from a Classic car trader who deals in old Bentleys , Lagondas etc etc.. basically cars that are worth over a 100k each.... Apparently it was a trade in... Anyway I bought the car knowing it needed a service and at the time both guys said "we dont give warranties but we will honour any problems, please do just let us know"

So I drive off happy in my CLK and recently the gearbox sprung a leak which has just been repaired by PCS, I instantly notified the guys I bought it from and said that a Benz dealer has looked at it and diagnosed the problem and it will be circa £800 to fix.... A quick call to Ollie at PCS who I wanted to do the work anyway and we halved that!!

They wanted Ollies details so they could call him to have a chat, so i dropped them an email and sent it to them.. I have kept them updated as to what's happening with the car and have just picked it up and paid the bill. I have asked for a cheque for the full amaount, they are now trying to back out of paying it and said that it would take all of their margin out of the car... ( I said thats irrelevant to me, I have had this car for 3 weeks and its faile don me so you should pay the bill, the offered £200 which I refused...
I am now waiting on them...

What are my rights here as a customer who has had a vehicle under month? surely by law they have to pay this bill??

All help most grateful...

 

[stats007]

By law they should have provided a minimum 3 months warranty with the car.

 

[st4]

By law they should have provided a minimum 3 months warranty with the car.

I never knew that....

 

[television]

There are no get outs these days "fit for the purpose it was intended" "merchantable quality" And what was said at the time of the sale.

 

[jaymanek]

they have to pay... simple.. if it had been over a few months then another story.. but it wasnt fit for purpose and you had it done at a reasonable cost.

 

[Number_Cruncher]

I think the appropriate formula is;

Sale of Goods Act + Small Claims Court

 

[Mudster]

I think the appropriate formula is;

Sale of Goods Act + Small Claims Court

Throw in a dash of "I'll call trading standards" to the above, then sit back and await the cheque.

 

[television]

I liked the bit where it was said that they would lose all of their profit, no one can win on them all, I cant, I have won on most of the 300k plus repairs in my life ,, but not on all.

 

[Benzowner]

As Stats said, a motor trader should has to give 3 months warranty when selling a used car, unless you bought it sold as seen, no warranty.

 

[IanA2]

As Stats said, a motor trader should has to give 3 months warranty when selling a used car, unless you bought it sold as seen, no warranty.

I know a trader can sell to another trader on that basis...but can he also do so with the public?

 

[crockers]

By law they should have provided a minimum 3 months warranty with the car.

Are you sure its 3 months - I have read everywhere and I cant find any specific time frame mentioned...




Quote..

The Law

When you buy goods from a trader, you enter into a legally binding contract governed by the Sale of Goods Act 1979, as amended by the Sale and Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulations 2002. The law gives buyer and seller rights and responsibilities and applies to the sale of used cars in the same way as to other goods. When you buy from a trader, you have the right to expect the car to be:

• of satisfactory quality;
• fit for its purpose, including any particular purpose made known, and
• as described.

The law defines goods as being of ‘satisfactory quality’ if they meet the standard that a reasonable person would regard as satisfactory – taking the description of the goods into account, the price (if relevant) and all other relevant circumstances. So, when you have bought a used car, you must consider its age, the price you paid, the description which was applied to it and anything else which is relevant when deciding whether it is of satisfactory quality. Your expectations should be different when you are buying a low mileage, two-year-old car than when you are buying a high mileage, ten-year-old one, for example. However, it must still be:

• fit to be used on the road;
• in a condition which reflects its age and price, and
• reasonably reliable.

When you buy as a consumer from a motor trader, your legal rights under the Sale of Goods Act 1979 cannot be taken away or reduced. An example of an attempt to do so is a notice such as ‘sold as seen’. Such phrases are meaningless and cannot alter your rights. If you see a sign of this type, report it to Consumer Direct on 08454 040506. A warranty or guarantee can only be given in addition to your legal rights, not instead of them. You can take legal action under the Sale of Goods Act 1979 for up to six years after the date of the contract, but 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. Each case is different, so it is best to take advice before you decide what to do.




.................

I think just fit for purpose ..and reasonable reliable covers this case....I wouldn't get hung up over 3 months...

 

[wobbly]

Dont bother with trading standards.

Use this

http://www.hmcourts-service.gov.uk/onlineservices/mcol/index.htm

Easy to use, and if you have all the relevant emails paperwork, they will find it very difficult to get out of.

And if they dont pay on the order, you can call the baliffs to recover the money, and the fees. A seized Bentley should cover the costs.

 

[crockers]

Dont bother with trading standards.

Use this

http://www.hmcourts-service.gov.uk/onlineservices/mcol/index.htm

Easy to use, and if you have all the relevant emails paperwork, they will find it very difficult to get out of.

And if they dont pay on the order, you can call the baliffs to recover the money, and the fees. A seized Bentley should cover the costs.

A good idea - to use eventually - but at this stage its a bit like using a hammer to crack a nut...I would

1. Give them the chance to pay
2. If not threaten them with trading standards and the small claims court
3 If still no money - proceed as Wobbly says... but you have to show you have given them all chances to settle....... that strengthens your case.

 

[stats007]

Are you sure its 3 months - I have read everywhere and I cant find any specific time frame mentioned...

This came in only recently - two years ago? I'm sure it's been discussed on the forum before.

 

[BaldGuy]

Many thanks Guys....

 

[BlackC55]

Car still ok?

 

[Rory]

This came in only recently - two years ago? I'm sure it's been discussed on the forum before.

I have an interest in consumer matters but am not a lawyer etc.

I'm not aware of that of any statutory 3mth warranty.

The only time limit is that any fault found within 6mths is presumed to have been present when the car was sold. After 6mths it's up to the buyer to prove the fault was pre-existing.

So in law you effectively have 6mths warranty. However, in the event of a dispute whch goes to courts, the courts will take into account the vehicle's age and the price paid - I've seen comments that under £2000 in considered to be a banger these days! You cannot expect to buy a cheap car and have it repaired FOC for 6mths.

http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1979/cukpga_19790054_en_6

I understand that a car cannot be sold to a member of the public as a "trade sale", although I guess if you sign a document waiving your legal rights then you'd be on difficult grounds trying to pursue a claim.


I would say there are a couple of grey areas in the OP's case:
1) Did he give the supplying dealer the opportunity to repair the car (maybe he did, and they told him to go ahead at PCS, but that's not clear).

2) Would a leaking oil seal be considered to be wear and tear, especially having regard for the age of the car and the price paid? In which case the dealer's offer to pay 50% might be quite reasonable.

 

[neilrr]

Coys?

 

[jrggino]

Small Claims Court

Guys its really easy, just take them to small claims court, its your right, its easy and cheap. they will be summonds , normally they pay before they get a court date.
I have used it several times and one was a gearbox issue in a ford i used, which was soppoed to be under warranty, but the dealer forgot to have the name changed on the new warranty.
so i took them to small claims, they paid and paid me comensation as well.

 

[jaymanek]

i doubt it will get that far, just say that they owe the bill otherwise you will be forwarding the matter to the small claims...
im sure they will pay up for the sake of a few hundred £

But just incase start noting down times of calls, emails etc etc..
you need to make a log of exactly what was said before you forget as small claims can go on for months..