second hand car issue

[wales01man]

Re: second hand car issue

A question?
As the OP brought the car sold as seen Etc.
how would the court view this if a case was to proceed

[CleverClogs]

Re: second hand car issue

Not sure if it makes any difference or affects the position whatever but this company are a joint body shop / panel craft and sales place. As l said l paid 500 cash and 1100 debit card.

I meant to ask if it was a Visa debit card. If it was, you may be able to get that payment charged back by the bank.

the debit card transaction reciept has the name of the company and address at the top but the invoice/reciept was had written on blank paper, stated that I Richard surname have sold car to ME for 1600.

Was his surname "Head"? He certainly seems like a Richard Head to me. :grin:

Bought as seen, no warranty implied or given.

Oh, utter balls!

You still have the implied "warranty" that the motor car is of satisfactory quality which is provided by the Sale of Goods Act 1979, section 14(2) - link. Section 14 (2A) (e) states that durability of the goods should be considered and a gearbox that proves to be knackered three days after the sale could not, by any stretch of the imagination, be considered to be reasonably durable.

Does the blank paper make any odds

It makes one wonder if he's fiddling his VAT returns, as the £500 will have gone into his wallet and not through the books. One might expect that the recorded transaction - if it was recorded at all as a motor car sale - will just be for the money paid by debit card.

also should he have named the KNOWN fault ( starter motor) ?

It would have been prudent, but it seems he doesn't know what that means.

[pauldaggers]

Re: second hand car issue

I was hoping not to have to go down the legal route if l could help it but I would definitely be prepared to if needs be!

Now though im not sure whether to use that template in its entirety or just use use a letter mentioning that I was sending a copy of letter along with a detailed explanation to T.S

[CleverClogs]

Re: second hand car issue

A question?
As the OP brought the car sold as seen Etc.
how would the court view this if a case was to proceed

Did you mean that the court might reasonably have expected the buyer to use his X-ray vision to check the gearbox?

[CleverClogs]

Re: second hand car issue

Now though im not sure whether to use that template in its entirety or just use use a letter mentioning that I was sending a copy of letter along with a detailed explanation to T.S

The template is fine, but try to keep the description of the fault fairly concise.

[pauldaggers]

Re: second hand car issue

What a wonderful set of people you really are, restoring my faith in humanity. Finally feel like I have a chance of sorting this now.

By the way, C.C. It was a VIsa Debit Card yes and also his name isnt 'head' although you could certainly imply that it should be

[pauldaggers]

Re: second hand car issue

When l said using the template l meantwhether l should include the part about having no option to take legal action or if l should just stick to saying a copy of this letter has been forwarded to T.S along with a more detailed covering.... apologies for taking upbyoir time on a Sunday afternoon

[CleverClogs]

Re: second hand car issue

When l said using the template l meant whether l should include the part about having no option to take legal action or if l should just stick to saying a copy of this letter has been forwarded to T.S along with a more detailed covering....

That's really up to you. I'd say that if the money was not refunded in full by 14 days (or 2 working weeks) from the recorded date on which the letter was received, I would initiate a charge-back of the sum paid by debit card and commence a claim for the remainder outstanding and costs associated with its recovery, without any further notice.

apologies for taking up your time on a Sunday afternoon

Nonsense - I am just grateful to you for having been given the privilege of trying to help.

[pauldaggers]

Re: second hand car issue

Yeah ill go with what you would say that sounds much better tbh!

One final thing for now, obviously im not going to use the car again (sitting on my drive) but what do you think l should be doing with it considering im requesting a refund. Do l get him to collect it, do l have to get it back to him before he makes payment or even after pyment (assuming l do get it back)

[Herne Bay Car Sales]

Re: second hand car issue

That's really up to you. I'd say that if the money was not refunded in full by 14 days (or 2 working weeks) from the recorded date on which the letter was received, I would initiate a charge-back of the sum paid by debit card and commence a claim for the remainder outstanding and costs associated with its recovery, without any further notice.


Nonsense - I am just grateful to you for having been given the privilege of trying to help.

I'm not involved with this sale of said car so my point is that i'm shocked by how this chap is being treated by another Car Sales Company which makes it look if wer'e all the the same. He has his rights to have the car repaired at no cost to himself or his money back.

[CleverClogs]

Re: second hand car issue

One final thing for now, obviously im not going to use the car again (sitting on my drive) but what do you think l should be doing with it considering im requesting a refund.

See PM - it's too rude for here!

Do l get him to collect it, do l have to get it back to him before he makes payment or even after payment (assuming l do get it back)

Whilst section 36 (link) seems to state that you are not obliged to return goods delivered to you, do you really want it littering your drive?

Get a receipt for it, though, as he hardly seems likely to be truthful if/when it gets to court.

[CleverClogs]

Re: second hand car issue

I'm not involved with this sale of said car so my point is that i'm shocked by how this chap is being treated by another Car Sales Company which makes it look if wer'e all the the same.

Whilst there are certainly some excellent car dealer and nobody in their right wits would suggest that all car dealers are the same, I must admit to being a bit puzzled about why you would be shocked by this.

You must have heard of much worse cases - I know that I have!

[pauldaggers]

Re: second hand car issue

Hey C.C, liked your PM and certainly don't intend on doing that to the vehicle although it's probably more useful than driving it!
Have sent you another PM with a letter I've drafted - any good??

Paul

[CleverClogs]

Re: second hand car issue

Hey C.C, liked your PM and certainly don't intend on doing that to the vehicle although it's probably more useful than driving it!

It's hardly wise, though, as exhaust pipes can get hot enough to cause severe burns.

Imagine how he might explain his injuries at A&E... :rofl:

Have sent you another PM with a letter I've drafted - any good??

Yes, it looks OK, but it needs a little amelioration. See PM

[labman]

Re: second hand car issue

Any chance of seeing the letter? If the om is what I suspect, I still have nightmares about it, but only need to go to counselling every other day now!