bought a car 3 months ago got mech to check told faulty only 10 miles from purchace?

Question

told by mechanic. engine knackered told by c.a.b and solicitor will cost more then car is worth to take to small claims court any answers will be helpful this was bought from a dealer

Answer 1

Sale of goods act says that 'goods must be fit for purpose'. Because you purchased from a dealer, then you are protected under this law unless he informed you that the car had a defective engine - BUT - as you have already been advised, the cost of taking the dealer to court may not be financially viable. I assume the solicitor/CAB had more details than we do - ie, exactly what the problem was etc - and it sounds like you have been given correct advice.

Answer 2

You don't say how much you paid for the car but it sounds like you have a reasonable claim. If it was within the amount allowed by the small claims court, I would firstly write to the dealer asking if they are willing to do anything about it. If its a negative response then it will cost about £120 to file a claim and this will be repaid as part of the settlement if you win. Bear in mind that the judges who sit in these courts are normal people like you and I who tend not to look on the motor trade very favourably so you have a good chance of getting a result. I know several people in the motor trade and they've all said that unless the dealer is 100% certain that they'll win, they will settle out of court as the costs and negative publicity just aren't worth it as Staines Diesels found to their cost when I took them to court. Good luck and don't accept a derisory offer.

Answer 3

Why has it taken 3 months, No one can say the car was faulty 10 miles after sale or positively that it was faulty when sold.
Secondhand cars are not new and can be expected to have a number of faults, body blemishes, and apart from Rover and some very expensive machines, will have worse performance than new.
Quite why the engine is knackered you do not say, however I know someone who lent their car to an american who had not driven a car with a manual gearbox previously and who drove it at maximum revs in 2nd gear until it failed after about 8 miles with collapsed valve springs..
If there is a genuine problem a local dealer will usually put it right to preserve their good name, if you got it from a cheap car supermarket, well , buyer beware, put it down to experience.

Answer 4

If you are in the U.K. the law is quite clear, your car must be 'fir for the purpose' and unless the dealer clearly marked on the invoice that the car was a non runner and being sold as such he is liable to make it fit for the purpose.
However, what the law says and what is practicable are not necessarily the same thing.
If you take him to a small claims court and he loses he might still be reluctant to fix the problem.
That being said, he doesn't want the hassle either, so go to see him, as another answer says, in a non threatening way and try to negotiate your way out of it. Offer to share some of the repair costs for example.

And next time get the car by the AA before you buy it.

Answer 5

It's a sad situation....I've been there...It's best to take this as a life experience and sell the car for what you think it's worth.....and before you buy another find a mechanic that will inspect it for a reasonable cost....Just remember most people selling cars are selling their problems...so be prepared for the B/S.
Even reputable dealers rip people off......it's best to watch the lot and see how long a car has been sitting there....if it's been there for several months....there is a problem....

Answer 6

Well,
If the the horrible item is puchased from a dealer, then it sounds as though it is "not fit for purpose".
That being the case, you are legally entitled to a full refund, plus any expenses incurred.
No need for the small claims courts - just qoute statutuary law, and a promise to go to Crown Court.
Probably sort them out.
All the best,
Bob.

Answer 7

simple was the car supplied with any warranty if so you should be OK if not you may be on a sticky wicket . in real terms the garage are the pros and should tell you of any known faults that's the law sold as seen don't mean no warranty unless a trade sale was made . my advise is park car legally outside garage with a notice inside the car explaining faults on your purchase , only do this after asking in person to resolve this and then a follow up letter giving them a deadline to respond (give letter in person or best recorded delivery ) things should move quite quickly

Answer 8

It is senseless to take a used car to a mechanic after you've bought it. Unless there is some sort of implied warranty, you're probably stuck.

Lemon laws are for new vehicles.

Answer 9

stressful yet i won't be in a position to make certain them supplying you with a reimbursement or alternative. they could help you place it in for area exchange for a greater costly kind yet i've got faith they might supply you an quite undesirable cost. The log e book might now teach yet another proprietor ie your self. Why no longer get between the Motoring companies to supply you an autonomous survey as to what could be incorrect with it. they at the instant are not extraordinarily costly. possibly the Battery is okay, yet what with reference to the Altertanator, possibly this is defective and must be costly to change. sturdy success. basically had the Alternator replaced on my concentration @ £450.

Answer 10

i own a repair shop,and if you bought it as is,you may not have any claim at all on it,because its up to the buyer to have it checked before they buy and pay for it,and if you didn't , you might be stuck with it ,i hate to give you bad news.but you might can call the dealer and ask them if they,ll help out with the repair on it,and if you handle it right they might repair it free of charge for you,but if you try and threaten them,they wont do nothing,and there not under any obligation to have to help you at all,i guess its all up to you how you handle it,,good luck,i hope this help,s.