Returning a Faulty Car - sitchey

Hi Everyone

I bought a car from a private dealer last Saturday. I paid for the car by cheque and collected it on Saturday. At this time the cheque hasn’t cleared my account.

Last night I brought the car over to my mechanics to check it over. What he found is that the gear box isn’t 100% and will prob pack in inside a few months. When I was testing the car I didn’t notice this as their is small constant clicking noise when you drop down the gears.

I contacted the seller to say that the car has been sold as not as per the description (ie against the sales of good act). I asked the seller for assistance in either changing the gearbox or alternatively to take the car back.

He has refused both options saying that it’s up to me to fix.

I wanted to check for advice on this matter and hopefully for someone to say who is legally responsible for the repair - me or the seller - and if I am within my rights to return the car if I am not happy.

The sales of good act, which covers cars, says I have up to 5 months to return the purchase if it is not "sold as fit for normal purpose" But I would really appreciate advice on this and what my next steps should be

PS the cost of a new gearbox from the dealer is £2500+VAT!!

Returning a Faulty Car - jc2

Private dealer????. Is he a private seller or a dealer? It makes a lot of difference.

Returning a Faulty Car - sitchey

Hi

He is a dealer who operates from his home (which is why i said private as he doesnt have a car lot etc). But he sells quite a few cars from there.

Was given a receipt also which was made out by the dealer

Returning a Faulty Car - bonzo dog

Hi Stichey, you can't expect a dealer to remedy a fault which isn't there ie your mate saying it will pack in doesn't mean it has done nor it is guaranteed to.

As regards to the noise - how old / what mileage is the car? Noisy gearboxes are commonplace but at the same time could be a symptom of a problem (as per your mate).

You have two choices:

  1. Inform the dealer you will be paying for expertise diagnosis & should any fault be reported you will expect him to pay for the repair plus diagnostic costs. If nothing is found the costs are down to you
  2. Live with the car & if there is a failure within 6 months demand he repairs it & if he refuses, repair it & sue for the costs. Whether you get anywhere with the courts depends upon the age / mileage / price paid for the car together with the nature of the fault.

Good luck

Returning a Faulty Car - sitchey

Hi bonzo dog

The car has 60k miles on it and is 3 years old.

What the noise is that when you drop down or climb up through the gears you hear a constant clicking/whirling noise, which is eventually drowned out by the engine noise the faster you go.

My mechanic inspected the car and made the call that the gearbox is knackered following the inspection.

In addition when you try and move off from a standing start the car starts to jerk and shunt when you are approaching the bit point. It is also difficult to select reverse on occasions.

I have also called a transmission specialist and after describing the problems/noises also drew the same conclusion.

I have no doubts that both are correct, but when and where it will go is the problem. it could be today, next week or next month.

Is it possible to sue him 6 months down the line? I would prefer to get the problem sorted sooner as the car was only picked up a week ago and the longer I wait the less chance of getting it sorted.

I am happy to bring the car to the main manufacture garage to get a report done, but problem is that the seller is saying he wont pay no mater what i do

so would it be better to bring the car back for a refund? And more importantly am I entitled to do so?

Edited by sitchey on 09/03/2011 at 17:33

Returning a Faulty Car - ddr

Have a read of this and similar pages: http://www.consumeractiongroup.co.uk/forum/showthread.php?23827-Sale-Of-Goods-Act-(buying-A-Vehicle)-Your-Rights

As far as I understand it, a car( and anything else sold) must be sold as fit for the purpose. If it's been sold with a major fault, it isn't.

Personally i'd immediately stop payment on the cheque and enter negotiations for returning the vehicle. Not sure if that is right or not but whatever the outcome, it will probably be easier than getting your money back from a potentially dodgy wheeler dealer.

If you can't stop the cheque you will have to commence battle. Get signed statements from your mechanics and do a lot more reading about the sale of goods act.

Edited by ddr on 09/03/2011 at 18:17

Returning a Faulty Car - bathtub tom

What is the make and model of car, the fault may be typical?

It sounds like a DMF on its way out to me.

Returning a Faulty Car - m0bov

Should have had your mate check it BEFORE you purchased it! What did you mate say? How can he say it will pack up without stripping it down? Whats the age, mileage and price you paid? Is there a VAT number on the receipt?

Returning a Faulty Car - LucyBC
If he is a home trader selling cars for a profit then he is a dealer, either part time or full time. If you bought it last Saturday you are almost certainly in the period where the Sale of Goods Act would take the view that you have not "accepted" the car and you can take it back and should obtain a full refund.

He will probably resist and you may need help with this - can you send me information about the car (make, model, reg plate, year, buying price and mileage) the dealer (name, address, email address and phone) and your contact details to me at asklucy@honestjohn.co.uk
Returning a Faulty Car - sitchey
Hi Lucy

Thanks for your help with this. I have sent you an email with the details
Returning a Faulty Car - m0bov

My second attempt at posting, hopefully this one stays....

What did you pay for the car? What mileage and age? Is there a VAT number on the receipt??

Returning a Faulty Car - m0bov

test

Returning a Faulty Car - oldroverboy

Like some of the other contributors, what car is is, how old, how many miles, and if it is a dealer, send a letter special delivery with your concerns, and get trading standards involved, doesn't matter if trading from home or not. But, if you have bought for about £2000 or less you won,t have much comeback, see HJ and LucyBC's advice.