used car sellers. advice needed.

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  • Monkeymagic
    S2Forum Possessed
    • Mar 2012
    • 3419
    • Country: England

    #1

    used car sellers. advice needed.

    Yesterday I bought a boring family mpv, an 07 vauxhall zafira sri 1.9 cdti. The car appeared honest enough and as I.needed a big car for family requirements it fitted the bill as it was cheaper than the vw touran lower miles and better spec.
    Anyway I bought from a used car sales place, and knocked down 200 quid off the screen price. The guy said he would not offer a warranty. Anyway after 41 miles the eml popped up. I plugged it in and got p2279 which appears to relate to either an egr fault or potentially blocked dpf. I took the airbox off and could see exhaust gas in the air tract.
    In doing so I noticed that 1 of the 3 bolts holding the engine mount to the chassis leg was missing. ( cambelt just been done)
    Also I can occasionally smell exhaust in the car.
    I called the trader and he said " you should of paid screen price"
    Now I rarely buy cars from dealers as I find them sleazy etc. But am.not a happy bunny and feel a bit of a tit.
    I suspect it's just the egr valve as it's common on these engines and cokes up jamming open.
    I would be prepared to replace the valve as it's cheap.
    If it's anymore ill be asking for money back.
    I have emailed the guy telling him this.
    Anyone had any positive results when faced with such problems.
    Oh and yes I know it's a boring car and vx but I just needed a cheap dad's taxi..
  • bluequattro
    S2Forum Fiend
    • Nov 2004
    • 2960
    • Country: United Kingdom

    #2
    Ring citizen s advice and ask their opinion
    I'd say just because you knocked money off that makes no difference
    Car should be sold fit for purpose with no known faults
    7 days to return it I think the law states

    Comment

    • diesel des
      S2Forum Possessed
      • Feb 2004
      • 3896

      #3
      A trader must offer some warranty by law should he not.

      Sent from my GT-I9195 using Tapatalk

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      • cardcrash
        S2Forum Maniac
        • Oct 2009
        • 763
        • Home: England Current: Wales

        #4
        I think 3 months minimum!

        *edit: Actually I'm not 100% sure that's right, dunno where I got that from I think my BMW came with 3 months. In any case it's covered under the sale of goods act "be fit for purpose, be of satisfactory quality considering its age and mileage, and meet any descriptions in its ad or as told to you by the dealer."

        Other than that you have certain rights if you by credit card and you may be able to claim on the 'chargeback scheme' if you paid by debit card. The specific details of which I have not looked into I just had a brief look on the Which? website.
        Last edited by cardcrash; 24 August 2015, 22:01.
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        • Monkeymagic
          S2Forum Possessed
          • Mar 2012
          • 3419
          • Country: England

          #5
          I believe under trades description it must be fit for purpose too..cheers keep the advice coming..

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          • Tonybolony
            S2Forum Maniac
            • Dec 2011
            • 636
            • Country: Wales

            #6
            I think that regardless of whether you paid screen price (which no-one ever does) or negotiated a discount, the fact remains that you bought from a Dealer.
            I believe the only 'get-out' for the seller would be if you had bought on a Trade basis (Ie, No warranty), but on the odd occasion that I sell on Trade terms, then our invoices clearly state that the vehicle has been sold for 'Spares or Repairs' which I hope Your invoice does Not.

            I guess the bottom line revolves around the seller's good name....

            Good luck with it Buddy.

            Comment

            • cardcrash
              S2Forum Maniac
              • Oct 2009
              • 763
              • Home: England Current: Wales

              #7
              Name & shame! "Should've paid screen price" indeed... Who is this cowboy/rogue trader?
              RS2 - Project Mental Wheels
              RS2 - LHD on the road again
              RS2 - reduced to component parts
              RS2 Saloon replica
              A4 1.8T
              BMW 320d Touring M Sport Business Edition auto
              sigpic

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              • Ian_C
                S2Forum Extremist
                • Oct 2007
                • 1008
                • Country: United Kingdom

                #8
                Unfortunately there are thousands of these trader monkeys operating, buying cars at auction, zero prep, selling at a margin, zero vat paid. As above, a trader CANNOT sell a car without a warranty.

                If its a 140,000 mile 1999 Audi A4 like I bought from a small trader then you have to be realistic. It is going to have faults at that price / mileage. But an 07 plate from a trader has to be fit for purpose and has to be sold with three months minimum warranty as mentioned above. No matter what you paid, whether it was a bargain price to start with, no matter if you haggled 200 off. Hope you got a receipt! I'd not waste your time any further, take it back and ask for your money back or the car fixed.

                The only thing I'd add is try to keep things as polite as civil as possible for the time being.
                B5 B6 B7 B9

                Comment

                • Audi J
                  S2Forum Addict
                  • Aug 2015
                  • 299
                  • Country: United Kingdom

                  #9
                  An 07 plate Zafira is still an 8 year old Vauxhall. "Fit for purpose" has to be balanced with age of vehicle and price paid.

                  Comment

                  • cardcrash
                    S2Forum Maniac
                    • Oct 2009
                    • 763
                    • Home: England Current: Wales

                    #10
                    Fumes in the cockpit is a health hazard, surely that's reason enough for it to go back?
                    RS2 - Project Mental Wheels
                    RS2 - LHD on the road again
                    RS2 - reduced to component parts
                    RS2 Saloon replica
                    A4 1.8T
                    BMW 320d Touring M Sport Business Edition auto
                    sigpic

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                    • Audi J
                      S2Forum Addict
                      • Aug 2015
                      • 299
                      • Country: United Kingdom

                      #11
                      Totally. Morally the whole thing totally sucks. But the only way he can hope to resolve it is if the seller decides to accept responsibility and do the "right thing" as a good will gesture.

                      I doubt very much he'd have a case in a court of law.

                      Comment

                      • Monkeymagic
                        S2Forum Possessed
                        • Mar 2012
                        • 3419
                        • Country: England

                        #12
                        I'll see what response I get this time. The issue I have is nothing will happen for 10 days now as I'm on holiday and the car will be parked up
                        up. I.am always wary of used car salesman, have you ever seen the film manilla!??. As for the car it's got 90 thou on it and I paid what the sri models go.for it's not like it's come cheaper than anyone else. My thoughts were knock 200 off and it'll pay for 12 months tax.

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                        • poor-boy
                          S2Forum Maniac
                          • Feb 2010
                          • 896
                          • Country: United Kingdom

                          #13
                          Steven

                          You could have bought the car for scrap but it must be fit for that purpose and meet the description.

                          You have 6 months to reject the vehicle and get your money back or get the vehicle repaired or exchanged for a like for like.

                          You are covered under SoGa and CPR 2008, simple letter to say you are rejecting the vehicle and ask them to come collect within 7 days and give your money back.

                          If you threaten to take them to court make sure you go through with it, if you need any help you know my contact details
                          Life is a rollercoaster

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                          • Monkeymagic
                            S2Forum Possessed
                            • Mar 2012
                            • 3419
                            • Country: England

                            #14
                            Cheers Taf, sounds like the voice of experience.
                            Steven..

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                            • mullder
                              S2Forum Buff
                              • Aug 2014
                              • 49
                              • Country: England

                              #15
                              Originally posted by poor-boy
                              Steven

                              You could have bought the car for scrap but it must be fit for that purpose and meet the description.

                              You have 6 months to reject the vehicle and get your money back or get the vehicle repaired or exchanged for a like for like.

                              You are covered under SoGa and CPR 2008, simple letter to say you are rejecting the vehicle and ask them to come collect within 7 days and give your money back.

                              If you threaten to take them to court make sure you go through with it, if you need any help you know my contact details
                              Did you buy it from a trader or a dealer (1e of a used car sales site ) if from a site then all the above advice will apply, If the car came from a trader (which is where we sometimes buy cars from ) I would imagine the invoice for the car will say something along the lines of "This is a trade sale. No warranty implied or given. Under the trades description act 1968 the mileage on this vehicle cannot be warranted and therefore may be incorrect". If this is the case and you have signed the invoice you have no comeback, its down to you

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