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First month of ownership and i wanna take it back.(advice on trader)



  172 cup
172 cup hasn't been great really, and im after people's advice of what i should do, especially traders...

I understand when you buy a car if you overlook certain bits its your own fault really, which is why I have had it a month and spent money on it but now i am just f**ked and I have only driven about 300mi!

I want to know if i can ask for a refund if i have changed parts on the car (i.e. skoda splitter, wheels) and I have had it a month but done less than 400mi


heres a history so far:

26/05/12 bought from trader in doncaster for £1700, 86k, cambelt done, had been sat for a bit so brakes were rusty and handbrake needed doing (bartered down) .
Heard tapping noise after a pace down a country road, stopped and checked it over, after switching it off and speaking to the bloke to say i was bringing it back he said "engine is sound just had cambelt done, give it a few days, needs a good run and it will be fine." After turning it over again tapping was gone so i just agreed that it must need a good run. (thought it was down to VVT trigger sticking)

2/06/12 changed wheels to 172 wheels £200 (from chav chrome 17" and sold them £100 on fleabay)
started running a little rough, bought new ignition leads £50 (cured problem)

18/06/12 replaced two front tyres £140, handbrake cables £60, skoda splitter £12

20/06/12
Went to Renault Harrogate to replace rusted catch under warranty and a check over.
on the check over found compensator valve was seized and d/s driveshaft boot was insecure, number plate light not working.
also They didn't replace the catch as the spring was missing so couldn't do it under warranty..0_o?

25/06/12 While turning off a main road power steering failed, after coming to a stop car idled and stalled, upon restarting engine tapping noise was back, like metal being hammered. Picked up and towed by RAC who said it may be the timing or "something expensive" :dapprove:, upon browsing the forum i believe its Hydraulic tappets that have gone :(.....


As i've said above really after advice from people on how to approach the trader (or even if i can being I have altered parts of the car)

thanks in advance
 

Daniel

ClioSport Moderator
  Whichever has fuel
You need to ring the garage you bought it from.

What is your reason for not doing so yet?
 

Martin_172

ClioSport Club Member
personally id say you dont have a leg to stand on, you have changed the car from the as sold spec and sold the old parts so cant return it "as it was" - you have forked out over £400 which the trader wouldnt have to pay you back, so that would be down the pan even if you did return it.

plus at the end of the day its a £1700 10yr old car. consumer law on cars is a nightmare.
 
  172 cup
If you bought it off a trader you should have a limited warranty with it?

he was selling a warranty for an extra £140, wished id took it out

You need to ring the garage you bought it from.

What is your reason for not doing so yet?
Wasn't a garage, was a trader who specialised in honda and audis, sold from his own house. Reason being its my own fault for not seeing these problems, and the car still did work so was fit for purpose essentially and the fact its something huge thats gone which means i cant drive it.

personally id say you dont have a leg to stand on, you have changed the car from the as sold spec and sold the old parts so cant return it "as it was" - you have forked out over £400 which the trader wouldnt have to pay you back, so that would be down the pan even if you did return it.plus at the end of the day its a £1700 10yr old car. consumer law on cars is a nightmare.


Ill just have to put it down to experience i guess....
 

Daniel

ClioSport Moderator
  Whichever has fuel
But my point is, you haven't spoken to the guy and asked him his advice.

He could be really sound and say yeah, bring it back and I'll sort it out. Then all this worry and stuff is completely pointless. You haven't given him an opurtunity to fix the fault/s. Me personally, I'd drive it back to his house and speak to him face to face. He can do more blagging on the phone. If you're there in his face, he's got to give you answers there and then.

If he is a trader, he needs to provide a car that is fit for purpose. The fact that the engine is rattling its tits off tells me it isn't.

If you take it back and he doesn't want to know, post back in here and i'll try to help you. But you've got to be fair to him and give him the chance to solve the issues.
 
  172 cup
But my point is, you haven't spoken to the guy and asked him his advice.

He could be really sound and say yeah, bring it back and I'll sort it out. Then all this worry and stuff is completely pointless. You haven't given him an opurtunity to fix the fault/s. Me personally, I'd drive it back to his house and speak to him face to face. He can do more blagging on the phone. If you're there in his face, he's got to give you answers there and then.

If he is a trader, he needs to provide a car that is fit for purpose. The fact that the engine is rattling its tits off tells me it isn't.

If you take it back and he doesn't want to know, post back in here and i'll try to help you. But you've got to be fair to him and give him the chance to solve the issues.

Its just happened you see but i will speak to him tomorrow,I wouldn't be able to drive it in the condition its in, and hes 40 miles away... I just wanted to know if i had a leg to stand on.

cheers Daniel
 
  pimp mobile Zafira
Usually any car over a £1000 (could be wrong) comes with a standard 28 day warranty. Any problems you come across let them know an within reason they have to resolve.
 
  172cup
If you didn't want to buy new tyres why didn't you check the alloy's you brought before handing over money
 
  Listerine & Poledo
Usually any car over a £1000 (could be wrong) comes with a standard 28 day warranty.

You are wrong.

There is no statutory right to return any goods.

However many traders will give a period of time for customers to "accept" the goods, during which the buyer can examine the goods to ensure they are

1) As described
2) fit for purpose
3) free of faults.

However, in regards to point 3, if they are fautls that you accepted after being told of them, they don't give you a reason to reject the goods.

Ultimately, you need to see the trader, if they acted as a trader and not as a private seller.
 
  pimp mobile Zafira
Just checked with a local trader I know. He confirmed a car sold with a value greater than a £1000 have to come with some sort of 28 day warranty. Get on the phone to the trader. He has to sort it.
 
  Listerine & Poledo
He'll need to make amends for any faults that you were not made aware of prior to purchase, yes.

But there are limitations as to what is reasonable. I can't go any further tho, I'm not fully privvy to the ins & outs of the matter for used cars.
 
  172 cup
If you didn't want to buy new tyres why didn't you check the alloy's you brought before handing over money
basically i needed the wheels asap as the ones that were on had no spigot rings so wabbled. Renparts sorted me out with the best ones they had, one tyre was bald, other had a screw in it.

Hope you get it sorted Mate.

Another sub 2k minter!!

Hope you get it sorted mate.

Cheers, me too.. was looking forward to Cliosport Saturday again, this time in an actual sport! and i was planning on going to cadwell in september..
 

Daniel

ClioSport Moderator
  Whichever has fuel
Just checked with a local trader I know. He confirmed a car sold with a value greater than a £1000 have to come with some sort of 28 day warranty. Get on the phone to the trader. He has to sort it.

None of what you have written is factual, sorry.
 
  172 cup
Conversation i had with him was

"I could just say its not my problem, but i can give you warranty for £100, which will cover £750 a claim, but you would have to wait 2 weeks after you bought it before you made a claim"

I stated i don't think £750 will fit the bill as RAC guy said its a top end problem. I've seen the bills for a top end rebuild and it comes to something close to 1.2k.

he then stated i take it to a propper garage for diagnosis (who would pay for this?) and that you can get a recon engine for £400 anyway...

Ill phone up trading standards tomorrow see what they say and sort car to be checked out.
 
  Audi A5
Tbh it sounds like a dephaser not top end rebuild, rac man probably don't know the f4r engine, heard the metallic noise and thought it would be tappets of something like that, which is fair enough as its a easy mistake to make.So your £750 would just about cover dephaser, cambelt kit, aux kit etc and labour at some places so I would just go with that.Saying that it would be worth getting someone who know these engines to confirm it is a dephaser first, maybe put a vid up on here?
 
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KielT

ClioSport Club Member
  Arctic 182, GTD
Sorry to hear it mate, but my mate was the business and sales manager at Lexus/merc etc and I asked him about this kinda thing the other day and he said by law anyone who sells a car is bound to it for 2months for like some sort of compensation after sale. I just sold my old car and obv wanted to know just in case something happened you know. I'm sure some people will disagree but he had to study like the law on car sales and all the ins and outs so im sure he knows what's hes talking about. Have a gander on the web and d.check.
 

Martin_172

ClioSport Club Member
the law is in a lot of ways useless when it comes to cars though unless your willing to start going down the legal support route, as i found out with my fucked car and mine was a 2 month old car not a 10yr old
 
  53 Clio's & counting
A trader must sell a car fit for purpose.

The grey area is the age, condition, price - all taken into consideration when an issue comes up.

I would personally take it to one of the specialists on here (in the traders section) and get a proper diagnosis - then speak to him, explain the costs and see what he wants to do.
 

Sir_Dave

ClioSport Trader
Sorry to hear it mate, but my mate was the business and sales manager at Lexus/merc etc and I asked him about this kinda thing the other day and he said by law anyone who sells a car is bound to it for 2months for like some sort of compensation after sale. I just sold my old car and obv wanted to know just in case something happened you know. I'm sure some people will disagree but he had to study like the law on car sales and all the ins and outs so im sure he knows what's hes talking about. Have a gander on the web and d.check.

Just for reference, thats entirely wrong. Have a read:

Your rights if you buy second hand cars from a dealer
When you buy a second hand car from a dealer, you have a right, under the Sale of Goods Act 1979, to expect the car to:

  • be of satisfactory quality (taking into account its age and mileage)
  • meet any description given to you when you were buying it, and
  • be fit for the purpose (for example, to get you from A to B safely)
If the second hand car does not meet these requirements you have a right to claim against the dealer for breach of contract.

Your right to reject a second hand car
If there's a problem with a second hand car soon after you’ve bought it, for example, the car develops a problem you wouldn’t expect for the car’s age and mileage, or it turns out to be not what you’d been lead to expect, you may have the right to ‘reject’ the car and get your money back.

Section 14 of the Sale of Goods Act 1979 requires dealers to supply goods of satisfactory quality. However, the vehicle is clearly unroadworthy. You are therefore in breach of contract and I am legally entitled to reject the vehicle and to be reimbursed for its full purchase price.

However, you have only a ‘reasonable’ time to reject a second hand car. There’s no clear definition of what a reasonable time is – you probably need to do it within three or four weeks of buying it. And if the fault is very obvious you may have less time.

If you reject a second hand car you must stop using it.

Your right to claim for the cost of repairs
If it’s too late to reject the second hand car (or you don’t want to) you can ask the dealer for a repair or replacement. If the dealer refuses, you could:

  • claim from it the cost of getting the second hand car repaired elsewhere
  • claim for a reduction in the purchase price, or
  • return the car and get the money you paid back, less a deduction for the use you’ve had (called ‘recision’)
However, if your claim is worth more than the small claims limit where you live (£5,000 in England and Wales, £3,000 in Scotland or Northern Ireland) you may need to take advice before you act, because you may risk facing time-consuming and expensive court action.
If you get a warranty or guarantee with a second hand car, you may be able to claim on that to get any problems fixed. However, this doesn’t affect your legal rights, and you could still either reject the car, or claim against the dealer.

How a trade association can help with second hand car problems
Some motoring trade associations have complaints schemes that can sort out problems between car dealers and customers. Check whether the dealer you bought from is a member of a trade association and whether it has a complaints scheme.
One of the main trade associations, the Retail Motor Industry Federation (RMIF), has a conciliation and arbitration service to deal with disputes about second hand cars.

If the seller has mislead you about the second hand car
If something you buy is not ‘as described’, or if the seller is guilty of misrepresentation, you are entitled to:

  • give the second hand car back and get your money back, or
  • if you want to keep the car, ask for compensation (usually the cost of any repairs it needs)
However, if you buy a second hand car that was not described as being in excellent condition or good working order, and it breaks soon after you buy it, you do not have any right to reject it, or to claim compensation.

Some unscrupulous second hand car dealers might pretend to be private sellers to get out of their legal obligations. If you think a dealer is trying to pretend they're a private seller, do not buy from them and report them to the local trading standards department.
 


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