Iv been hussled!

[Timmay]

thats really unlucky mate

 

[.Gem.]

Eek! Whats the latest??

quite interested to see what has happened here?

Can never be too careful when buying cars can you :S

 

[geesus69]

so whats the engine number then?

C005020 ?

 

[C.J]

That's pretty bad news. Have you contacted the previous owner? See what he knows?

 

[Nash]

Bought as seen....end of.

if as a buyer you fail to check the basics - Logbook v's chassis/engine numbers - vin plates etc - then you buy at your peril

nothing will come of this i can guarantee you.

you just learnd the hard way

 

[White16valver]

mechanic tells me its not the orginal engine. Im like wtf?

Mechanic thinks it has been clocked on miles and stuff!

So which one is it? Clocked or swapped lump?

Still not confirmed if you have checked the eng number against the V5

*drums fingers on table while waiting*

 

[Brad182]

Interested to see what happens with this, although what ever the outcome its not going to be good.

Gutted for you mate.

 

[Hollister]

If it still goes well like you say I wouldn't worry about it too much.

 

[AlexS]

so whats the engine number then?

C005020 ?

Lol thats what it should be

I can confirm it hasn't had a new engine under warranty.
We have never seen the vehicle at Westover Renault in Bournemouth.

 

[geesus69]

so whats the engine number then?

C005020 ?

Lol thats what it should be

I can confirm it hasn't had a new engine under warranty.
We have never seen the vehicle at Westover Renault in Bournemouth.

yeh, hpi hardly ever gets updated with the number when a new engine goes in, so if its different to that someones been fiddling under your bonnet :dapprove:

 

[dan.clio]

whoever says 'Sold as Seen' = no comeback is totally incorrect.

'Sale of Goods Act' states that the item must be as described and fit for the purpose its intended.

You purchased a car that wasn't as described in the advert and definitely wasn't fit for the purpose as you are now having to repair it.

Personally if it was me the car would be driven straight through their front door with me demanding my cash back.

 

[dan.clio]

Here you go a prime example....

http://www.consumeractiongroup.co.u...anufacturers/23827-sale-goods-act-buying.html

 

[Stig182]

whoever says 'Sold as Seen' = no comeback is totally incorrect.

'Sale of Goods Act' states that the item must be as described and fit for the purpose its intended.

You purchased a car that wasn't as described in the advert and definitely wasn't fit for the purpose as you are now having to repair it.

Personally if it was me the car would be driven straight through their front door with me demanding my cash back.

Stop talking cheese.

Private sale! You cant prove jack s**t. With a garage/dealer as stated in your previous post maybe.

 

[Cookson]

whoever says 'Sold as Seen' = no comeback is totally incorrect.

'Sale of Goods Act' states that the item must be as described and fit for the purpose its intended.

You purchased a car that wasn't as described in the advert and definitely wasn't fit for the purpose as you are now having to repair it.

Personally if it was me the car would be driven straight through their front door with me demanding my cash back.

Would not be viable on a private sale.

However, if it did, the seller could then just revert any "action" to be taken straight back to the manufacturer of the product, under the Consumer Protection Act

 

[Gumby]

'Sale of Goods Act' states that the item must be as described and fit for the purpose its intended.

If you bothered to read more of the act than just that quote, you'd discover that it has to be a sale "in the course of business", as others above me have pointed out...

 

[Chili Red]

whoever says 'Sold as Seen' = no comeback is totally incorrect.

No they're not, they're totally correct!!

From the RAC on buying privately:

Your rights

The seller must not mis-describe or misrepresent the vehicle - to this end if the car is described as having had just "one previous owner" and this should turn out not to be the case then the car has failed to conform to its description and a claim for compensation or rejection might follow. As above the description must have been made prior to the sale and must have been a factor in deciding to buy the car.
As you can see the usual rights that you expect from a dealer are not applicable and there is usually little that can be done about a car that has developed a defect after sale unless the sale was prompted by a mis-description.

So what's happened to the guy? I want to know if he's checked it!


BTW, I've just found a REALLY useful form for anyone who's selling a used car:

http://www.theaa.com/motoring_advice/car-buyers-guide/cbg_sellerscontract.html

 

[dan.clio]

'Sale of Goods Act' states that the item must be as described and fit for the purpose its intended.

If you bothered to read more of the act than just that quote, you'd discover that it has to be a sale "in the course of business", as others above me have pointed out...

Clearly you don't have a clue :S

The sale of goods act covers both business and private sales!

Private sales are harder to contest as there will be less of a paper trail to support the false pretenses.

I've just spoken with my director, a qualified lawyer who works in London and graduated from Oxford so i think he has more knowledge on the subject of law than you.

The downside of a private sale is that the term 'caveat empor' applies which means 'buyer beware'. This means that if the car was exactly as described in the advert then he wouldn't have a leg to stand on.

However in this case hes saying that the mileage doesn't match the advert so that means that section 13 of the sales of goods act can now be enforced which states that the item sold must match the description!

see Q12 http://www.berr.gov.uk/consumers/fact-sheets/page38071.html

 

[dan.clio]

No they're not, they're totally correct!!

From the RAC on buying privately:

Your rights

The seller must not mis-describe or misrepresent the vehicle - to this end if the car is described as having had just "one previous owner" and this should turn out not to be the case then the car has failed to conform to its description and a claim for compensation or rejection might follow. As above the description must have been made prior to the sale and must have been a factor in deciding to buy the car.
As you can see the usual rights that you expect from a dealer are not applicable and there is usually little that can be done about a car that has developed a defect after sale unless the sale was prompted by a mis-description.

So what's happened to the guy? I want to know if he's checked it!


BTW, I've just found a REALLY useful form for anyone who's selling a used car:

http://www.theaa.com/motoring_advice/car-buyers-guide/cbg_sellerscontract.html

LMAO learn to read! As from the AA webiste you've just quoted

The only legal terms that cover a private sale contract are:

• the seller must have the right to sell the car
• the vehicle should not be misrepresented
• it should match its description:
  • for example, if the ad states that there is a valid MOT, there should be a valid MOT.

 

[Josh@Renparts]

if i were you i would pay to have the top end rebuilt and you will be given a warranty with the work, the car was quite cheap, your probs looking 500 for the work, and then it should be perfect again. Forget trying to claim for sale of goods act etc, you pretty much have no leg to stand on and the guy who sold it to you isn't going to admit it as there is no way to prove he changed the engine etc if it has been changed.

 

[dan.clio]

if i were you i would pay to have the top end rebuilt and you will be given a warranty with the work, the car was quite cheap, your probs looking 500 for the work, and then it should be perfect again. Forget trying to claim for sale of goods act etc, you pretty much have no leg to stand on and the guy who sold it to you isn't going to admit it as there is no way to prove he changed the engine etc if it has been changed.

If he has the original advert in which it states that the car only had 40,000 (or how ever many miles it was) he does have a leg to stand on.

It will be the sellers responsibility to prove that his advert was valid. If its legit then he should just be able to show that things like...

MOT certificates match back to the mileage.
Engine No. matches the V5 etc

I'm not trying to annoy anyone. I'm currently training to be a management accountant and work in a legal & accounting firm so I'm only trying to help.

 

[whatisjustis]

Does anyone have Jonathan Dimbleby's number?!

 

[traffmeister]

i dont permit violence in any sort but i would go to bournmouth and kick some ass

 

[dan.clio]

i dont permit violence in any sort but i would go to bournmouth and kick some ass

Totally Agree .... i mean 5.5k isn't something i would just throw away. Worth fighting for IMO

 

[traffmeister]

hahah nice one, i reckon you should even go see the feds to see what can be done with this cowboy! what a knob! but least you have a 182....i still got my shat fez mk6!

 

[Gumby]

Clearly you don't have a clue :S

Wrong.

I've just spoken with my director, a qualified lawyer who works in London and graduated from Oxford so i think he has more knowledge on the subject of law than you.

That's nice. But in reality that means diddly squat. For instance today I was helping to teach one of my supervisors about performance bonds, and he's been qualified for about 6 years. I'm not yet qualified - go figure.

The statutory right of "fitness for purpose" implied in s.14 is only for business sales. Go read on OPSI / LexisNexis if you're that bored.

14 Implied terms about quality or fitness

(1)Except as provided by this section and section 15 below and subject to any other enactment, there is no implied [F1term] about the quality or fitness for any particular purpose of goods supplied under a contract of sale.
[F2(2)Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.

Eat sh1t

However in this case hes saying that the mileage doesn't match the advert so that means that section 13 of the sales of goods act can now be enforced which states that the item sold must match the description!

s.13 "Sale by description" applies where the buyer has not seen the goods, and is relying solely on the description.

Who do you work for then?

 

[traffmeister]

bit too technical for me i would say just go see the "awful person" (wanted to say summet but would get me banned begging with c and ending in t)

 

[Gumby]

Here you go a prime example....

http://www.consumeractiongroup.co.u...anufacturers/23827-sale-goods-act-buying.html

I bought a used Smart car just over three months ago (I know you're all going to tell me that that was the first mistake I made, but hey!) from an independent garage and last weekend it died on me!

...

 

[AlexS]

FLOL at all the b****cks been copied and pasted, its a private sale, sold as seen. There is no way I proving that the previous guy knew the engine had been changed, and knew it was going to break, the cars out of warranty, cars go wrong, it was also far to cheap, you get what you pay for.
Rather than googling consumer law b****cks just compare the engine number to the V5 and the HPI report next time, theres no point even doing a HPI if you don't compare all the numbers.

 

[Gumby]

FLOL at all the b****cks been copied and pasted

You hit the nail on the head

 

[mikey_172]

just because the engines got paint on dosent mean its been changed when i used to work on the garage some times we would put a dab of yellow or red paint on the nuts that we had done up tight

and if your goin to get a top-end rebuild your looking between 1000-1500 pound been there done that got the t-shirt

 

[White16valver]

If the OP would actually check the numbers and post up in this thread we could actually know what the situation is, rather than theorising till the cows come home...

 

[AlexS]

If the OP would actually check the numbers and post up in this thread we could actually know what the situation is, rather than theorising till the cows come home...

Agreed, I ve already posted what the original engine number is...

 

[whatisjustis]

At the end of the day a large majority of cars that are sold privately are sold because there is work that needs doing to them.

 

[whatisjustis]

Any use?

http://shop.ebay.co.uk/merchant/jane71157_W0QQ_nkwZQQ_armrsZ1QQ_fromZQQ_mdoZ

 

[mikey_172]

Any use?

http://shop.ebay.co.uk/merchant/jane71157_W0QQ_nkwZQQ_armrsZ1QQ_fromZQQ_mdoZ

you legend how did you find that i could of done with that a month ago lol

 

[Josh@Renparts]

if i were you i would pay to have the top end rebuilt and you will be given a warranty with the work, the car was quite cheap, your probs looking 500 for the work, and then it should be perfect again. Forget trying to claim for sale of goods act etc, you pretty much have no leg to stand on and the guy who sold it to you isn't going to admit it as there is no way to prove he changed the engine etc if it has been changed.

If he has the original advert in which it states that the car only had 40,000 (or how ever many miles it was) he does have a leg to stand on.

It will be the sellers responsibility to prove that his advert was valid. If its legit then he should just be able to show that things like...

MOT certificates match back to the mileage.
Engine No. matches the V5 etc

I'm not trying to annoy anyone. I'm currently training to be a management accountant and work in a legal & accounting firm so I'm only trying to help.

 

[Josh@Renparts]

if i were you i would pay to have the top end rebuilt and you will be given a warranty with the work, the car was quite cheap, your probs looking 500 for the work, and then it should be perfect again. Forget trying to claim for sale of goods act etc, you pretty much have no leg to stand on and the guy who sold it to you isn't going to admit it as there is no way to prove he changed the engine etc if it has been changed.

If he has the original advert in which it states that the car only had 40,000 (or how ever many miles it was) he does have a leg to stand on.

It will be the sellers responsibility to prove that his advert was valid. If its legit then he should just be able to show that things like...

MOT certificates match back to the mileage.
Engine No. matches the V5 etc

I'm not trying to annoy anyone. I'm currently training to be a management accountant and work in a legal & accounting firm so I'm only trying to help.

the mileage only refers the odometer reading and used cars don't have verified mileage, plus how was he ever to know the engine was changed? most people do it without changing it on the v5, buying a car privately unless its stolen there will be no chance at all of getting anything back, besides i don't know what he is complaining about, he has a tapping top end, its not the end of the world.

 

[stu-172]

Any use?

http://shop.ebay.co.uk/merchant/jane71157_W0QQ_nkwZQQ_armrsZ1QQ_fromZQQ_mdoZ

150 for the head and about 250 to fit! That's what I'd be doing! Then we'll organise a Cliosport meet and greet at the sellers house?

 

[iarno]

if i were you i would pay to have the top end rebuilt and you will be given a warranty with the work, the car was quite cheap, your probs looking 500 for the work, and then it should be perfect again. Forget trying to claim for sale of goods act etc, you pretty much have no leg to stand on and the guy who sold it to you isn't going to admit it as there is no way to prove he changed the engine etc if it has been changed.

If he has the original advert in which it states that the car only had 40,000 (or how ever many miles it was) he does have a leg to stand on.

It will be the sellers responsibility to prove that his advert was valid. If its legit then he should just be able to show that things like...

MOT certificates match back to the mileage.
Engine No. matches the V5 etc

I'm not trying to annoy anyone. I'm currently training to be a management accountant and work in a legal & accounting firm so I'm only trying to help.

FLOL!!
Ever heard the expression innocent until proven guilty???
the guy doesn't have to do jack. it's down to you to prove he's lying.
thats like saying in a murder trial the accused has to prove he didnt do it when he reality the prosecution have to prove he did.

but as has been said, sold as seen, the OP has no leg to stand on.
if he wasn't happy with it he shouldnt have bought it. end of.
you may work\now people from a lawform but you clearly know didly squat.


i'm feel sorry for the OP, lesson learnt and all that.

 

[whatisjustis]

Any use?

http://shop.ebay.co.uk/merchant/jane71157_W0QQ_nkwZQQ_armrsZ1QQ_fromZQQ_mdoZ

you legend how did you find that i could of done with that a month ago lol

It's how you search my firend

If you have a browse through the mighty 'bay at the moment there are a RIDICULOUS amount of 1*2 engine parts going. As someone pointed out in another thread, it must be culling season!?