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Sold as seen/ trade sale

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J4mes
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Joined: 18 Mar 2011
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PostPosted: 18:17 - 02 Dec 2014    Post subject: Sold as seen/ trade sale Reply with quote

Can someone point me in the direction of an official document or web page which states they have no legal meaning when applied to the receipt of a used car sold by a trader to a consumer.

Bought a runaround. Specifically asked if it had any other faults than those found during test drive and inspection, was told none.

15 miles later, engine management light is on. Phoned seller, told them I wanted it sorted or I want to return the car for full refund. He said he'll get it on the machine and turn light off.

Well turning the light off isn't sorting it is it?

Advice please!

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DrSnoosnoo
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PostPosted: 18:22 - 02 Dec 2014    Post subject: Reply with quote

When you bought it, it'd probably just come off the machine to turn the light off. Now he's just returning it to that condition Razz

Sorry, can't help. Will watch this thread.
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iooi
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PostPosted: 18:54 - 02 Dec 2014    Post subject: Reply with quote

Try this


As a trader, misleading consumers by using phrases such as “Trade Sale – Sold as Seen” or “No Refunds” is not only illegal but also completely voids the contract. Interesting given its a motor trade blog and has some further links to OFT.
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P.addy
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PostPosted: 18:55 - 02 Dec 2014    Post subject: Reply with quote

What light, is the car running like shit?

Find error, replace £10 part, forget it...

OR

Remove light, drive till it dies completely.
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J4mes
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PostPosted: 19:05 - 02 Dec 2014    Post subject: Reply with quote

Engine management light, no it runs ok so far.

They can find £10 part and replace if its that easy,or give me my money back.

Need to sell it or trade it in when I get my new car, can't really do either with the EML on without effecting the woeful value already.
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Ste
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PostPosted: 19:14 - 02 Dec 2014    Post subject: Reply with quote

How much was the car?
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J4mes
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PostPosted: 19:19 - 02 Dec 2014    Post subject: Reply with quote

£550 on 195K miles, so not really "cheap" compared to others on the market.

If it had been 2-3 weeks down the line I would have thought "hard luck" but its the first time I've driven it properly and the light comes on. Teat drive was short (3 miles) as trade plates werent available. Makes me think they knew about it and didnt want car to get up to temp when it came on.
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DieselASFC
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PostPosted: 19:28 - 02 Dec 2014    Post subject: Reply with quote

https://www.norfolk.gov.uk/view/NCC094699

That's the rules set out for Motor Traders. Sold as seen etc is deliberately misleading the consumer about their statutory rights blah blah

Quote:
Misleading consumers about their
statutory or other rights, for example,
by using words or statements such as
‘Sold as Seen’ or ‘Trade Sale Only’ or
‘No Refund’ or ‘Spare or Repair’ even if
the statement ‘this does not affect your
statutory rights’ is included.
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Keir
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PostPosted: 19:33 - 02 Dec 2014    Post subject: Reply with quote

so you have a £550 car on 195k and you didn't expect problems?
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J4mes
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PostPosted: 19:35 - 02 Dec 2014    Post subject: Reply with quote

I expect the problems to be pointed out.

Had he said " after 20 minutes the EML comes on" I probably would have walked away.
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Ste
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PostPosted: 19:45 - 02 Dec 2014    Post subject: Reply with quote

J4mes wrote:
I expect the problems to be pointed out.

You have the right to expect the vehicle to be of satisfactory quality and to be fit for purpose.

If you sold a £550 car with 195k on the clocks to someone, would you think it's reasonable for them to be expecting a pristine fault-free car?

If there's a problem within the first six months of you having the vehicle, it's down to the dealer to prove that the faults were present when you bought the vehicle. Which they wouldn't be able to do without admitting that they knew the engine management light comes on after a few miles once the engine is warmed up.

Speak with CAB and or check out www.adviceguide.org.uk
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DieselASFC
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PostPosted: 19:47 - 02 Dec 2014    Post subject: Reply with quote

Keir wrote:
so you have a £550 car on 195k and you didn't expect problems?


This attitude is the reason for so many dodgy dealers. The trader is meant to inspect the car (it's a legal obligation), the trader is not meant to mislead the customer about the cars faults(it's a legal obligation) and the trader is not meant to mislead the customer about their legal rights(it's a legal obligation). £550 is better in J4mes pocket than some rogue traders. As J4mes has pointed out, the deal wouldn't have happened if the dealer had been honest.
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DieselASFC
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PostPosted: 19:52 - 02 Dec 2014    Post subject: Reply with quote

Ste wrote:
J4mes wrote:
I expect the problems to be pointed out.

If you sold a £550 car with 195k on the clocks to someone, would you think it's reasonable for them to be expecting a pristine fault-free car?


No, obviously not. However, I imagine the dealer knew of the faults, but still went down the "It's a good runner, no mechanical problems blah blah" which is blatantly misleading.
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J4mes
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PostPosted: 19:56 - 02 Dec 2014    Post subject: Reply with quote

2 other dealers pointed out faults to me which meant I didn't buy their cars - one an intermittent alarm fault ( and the alarm was fucking loud too) and the other an airbag fault which didn't appear during inspection.

Both were on near 200k £500 vehicles. I thanked their honesty and carried on looking. And next time I want a £500 car I'll go see what they have. I'd suggest others do the same. But not dealers who hide faults.
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ferrisio
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PostPosted: 20:49 - 02 Dec 2014    Post subject: Reply with quote

How do you know he knew about it? An unknown 200K car is a ticking time bomb. How do you know the previous owner hadn't zapped the codes before trading it to the dealer and it just hadn't been driven enough to light the EML?
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covent.gardens
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PostPosted: 21:42 - 02 Dec 2014    Post subject: Reply with quote

Keir wrote:
so you have a £550 car on 195k and you didn't expect problems?

When you buy from a dealer and a fault develops immediately then you have recourse, that is why people buy from dealers. It's been sold with a fault that was hidden by turning the EML light off which will delay its re-appearance for 2 full trips.

FWIW, an EML can be a fucking expensive pain in the arse to get rid of. Mum spent £300+ on 3 mechanics who couldn't fix her O2 sensor fault. (No... it wasn't an O2 sensor to blame - but either wiring, or computer fault). Or it can be a 30 minute job...
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Ste
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PostPosted: 21:56 - 02 Dec 2014    Post subject: Reply with quote

You do have recourse but the situation would be simpler if it were a few grand of car rather than a £550 bargain car. I can see the 'satisfactory quality' part being the stumbling block as that's open to interpretation.

Still, as in my last post, any problems in the first six months and it's down to the dealer to prove that the faults were present when the vehicle was purchased. I doubt they'll have the time, money or inclination to do that so a few well worded letters by recorded delivery could help spur them into actioning a refund. And if it doesn't then you've made efforts to resolve the situation prior to seeking resolution through the courts so you can then send application paperwork to the small claims court or use moneyclaim.gov.uk

Say, a test drive without trade plates... presumably not legit but who's at fault, the dealer or the person behind the wheel?
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J4mes
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PostPosted: 22:15 - 02 Dec 2014    Post subject: Reply with quote

Person behind the wheel - my insurance covered me but the vehicle wasnt taxed. I expect we'd both be in trouble if caught. Hence he quick test drive. Perhaps I should have waited for plates and then took 20 minutes. Might have seen the EML then...

Rolling Eyes
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janner_10
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PostPosted: 22:16 - 02 Dec 2014    Post subject: Reply with quote

Flogging a dead horse IMO

Buy bluetooth fault code reader + app (around £10) and fix/reset yourself - plan from there to what fault is.
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J4mes
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PostPosted: 22:18 - 02 Dec 2014    Post subject: Reply with quote

Dude at work is lending me one so i can read fault before i take it in.
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Rogerborg
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PostPosted: 23:48 - 02 Dec 2014    Post subject: Reply with quote

DieselASFC wrote:
The trader is meant to inspect the car (it's a legal obligation)

Is it?

Where is that obligation spelled out? Statute and regulation, please.
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WD Forte
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PostPosted: 01:24 - 03 Dec 2014    Post subject: Reply with quote

Anyone else thinking of the big bang theory?
https://www.youtube.com/watch?v=1W5PCYFXLJ4

£550 for 195K car eh?
What car?
( why do so many people here never say what fuckin bike/car they have?)
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DieselASFC
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PostPosted: 05:01 - 03 Dec 2014    Post subject: Reply with quote

Rogerborg wrote:
DieselASFC wrote:
The trader is meant to inspect the car (it's a legal obligation)

Is it?

Where is that obligation spelled out? Statute and regulation, please.


https://www.norfolk.gov.uk/view/NCC094699

https://www.legislation.gov.uk/ukdsi/2008/9780110811574/contents

Quote:
Satisfactory quality
5.19 You should also take reasonable steps –
through the pre-inspection procedures
you have in place – to ensure that the
vehicles you sell are of satisfactory quality
and fit for their purpose under the SoGA,
taking into account the age, mileage,
condition, description and value of each
vehicle. If you systematically fail to carry
out such pre-sale mechanical checks, you
may breach the CPRs. Prospective buyers
should be made aware, prior to sale, of
any faults identified.
5.20 You should keep a record of inspections
carried out on every vehicle.
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janner_10
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PostPosted: 08:27 - 03 Dec 2014    Post subject: Reply with quote

WD Forte wrote:
Anyone else thinking of the big bang theory?
https://www.youtube.com/watch?v=1W5PCYFXLJ4

£550 for 195K car eh?
What car?
( why do so many people here never say what fuckin bike/car they have?)


Too busy with the drama.
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Old Thread Alert!

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