Hi just bought a car from a home trader about a month ago. 12 months MOT but having the car checked out at local service station found that the rear disks are full of rust and warped useless. Saw them myself.
I asked the trader to replace them and was told to "go away".
Trader said that they had no legal obligation to replace if it passed an MOT.
Trader did say that major components were covered but not wear and tear items. I have only done 300 miles since purchasing car.
Where do I stand.. except in the ....
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Suggest a word with Trading Standards.
Offence to sell a car, the parts and accessories of which are in such condition as likely to cause danger/ Defective brakes.
Further word with Vehicle Inspectorate as it is also an offence to issued a Test Certificate that in material was false.
Having said that, this is on the proviso that the brakes of the vehicle do not meet the required efficiency and were in that state when you purchased.
DVD
DVD.
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Trading standards is definitely your best route. If this person is trading from home then the inland revenue and local council might also be interested. The vehicle inspectorate aren't that interested unless it is a corrosion issue as there is no doubt that it would have existed at the time of the mot. The car I bought 6 months ago had the same problem and I had the same attitude from the dealer.
You still have your statutory 3 month warranty under the sales of goods and services act to claim from. Just tell the guy that you want a full refund (as you have only had the car a month and it has only done a few hundred miles) or replacement pads and disks under this warranty. If he is difficult, put it in writing, send it recorded delivery giving him so long to reply and resolve it to your satisfaction. If you paid by credit card or got a loan for the car then the credit company is jointly liable.
teabelly
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Trading standards
Yep. Don't go to the police - you've been driving a car with illegal MOT and innefective brakes.
The old man got hit by a van when it's driver fell asleep. Middle of nowhere. He had to get to help and accepted the lift from the sleepy van driver. However the van was such a state only one seat was 'usable' so the old man drove it with the sleepy driver in the back. Van had no brakes. Needless to say old man refused to drive it and police were called.
When police arrived they said a) there was ne evidence the guy was driving dangerously. [1] b) that if my dad continued to insist that they prosecuted the van driver for driving the van with no brakes they would prosecute my dad for it since he'd driven far enough to find out that the brakes were shot.
[1] The old man though this was a bit harsh since the accident occured on his side of the road.
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These are my own opinions, and not necessarily those of all Toads.
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Hang on:
'If the person is trading from home, the inland revenue and the council might be intesreted to know'
Are you saying that simply because somebody works from home they are not paying tax or vat?
(You've clearly been watching too many of these crass badly researched TV programmes on the subject).
As a 'home trader' myself. I find such bigoted ill-informed views rather insulting & offensive, Yes there are undoubtedly some home traders of this ilk, but there are also those operating from 'pitches' who are dodging tax.
The council cannot stop someone from operating from a private home (maybe different for a council house), it is not illegal to operate from home, many people from all walks of life in all businesses work from home, and numbers are increasing.
Before slagging off home traders consider the following:
1) Many HT's offer all the facilities that a 'pitch' dealer does such as finance if they hold a CCL, Warranties (warranty companies are not restricted to just dealing with 'pitch' outfits), Part Ex, HPI checks (only a small fee to the relevant organisations).
2) Due to much lower overheads and a dependence on advertising in Auto Trader etc, HT's prices are usually lower. (It never ceases to amaze me when I hear what some punters have paid for cars from some of my pitch associates, simply because the car has been on a forecourt).
3) Who wants irate punters banging on their front door at 10pm because a car is'nt up to much? (Now there's an incentive to sell decent cars)
Before I started dealing in cars, two of the best deals my family has ever had were on cars bought from home traders, not bangers either but a £7500 Saab and an £8000 BMW.
Oh and regarding the rear brakes, I do rember HJ sating a few months ago in the Telegraph that very often when a car is only used for short journeys around town the rear brakes sometimes don't come into operation, especially if not being braked heavily; perhaps this is why the rear discs rusted up; especially in this winter weather with salty roads.
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As long as the brakes passed the MOT efficiency test, then there's not much you can do, as brakes are wear and tear items, and it looks like they're working. Rusted and warped discs don't normally go together, as rust generally signifies under-use, and warping generally because they've overheated (rare on rear brakes).
Local service stations are well kown for pointing out faults to people, so how come you believe them so much over the trader? You also say you saw them yourself, so if you know what you're looking at/for, why didn't you look before you bought it?
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