help please!!!!!!!!!!!!!!!!!!
Posted
#613910
(In Topic #73782)
Settling In
help please!!!!!!!!!!!!!!!!!!
On Friday I handed the keys over to the families? local mechanic who has done loads of work on cars for me in the past. I prepared myself for him to say it needs a new gearbox, clutch etc but he didn?t (that would have been good). What he told me was that the car had been in a massive front end smash and that the smell of petrol was the petrol tank leaking onto the exhaust. He said that the chassis is bent and that in place the car is not attached as it should be, and that I should not drive it. I told him that I bought it because it had 12 months MOT and he was very surprised, I have now got it booked in for an MOT tomorrow at a large company and in the hope that they fail it and say it is unsafe so I have some come back else I?m set to lose money.
It has been suggested that I should be able to get help from trading standards as I was not informed about the damage.
Has this happened to anyone else can anyone advise me on what I should do, I have called the guy but he says he did not know even though he had it for 14 months.
Thanks
Posted
Local Hero
Keep us posted on how you get on
Did you HPI check the car or similar?
Cheers
Andy
LINCOLNSHIRE REGION - https://www.facebook.com/groups/467122313360002/
1983 MK1 Golf GTI Campaign Model - Under (looooong) resto!
1962 Rover P4 80
2002 BMW 745i
2008 BMW Z4 2.5Si
LINCOLNSHIRE REGION - https://www.facebook.com/groups/467122313360002/
1983 MK1 Golf GTI Campaign Model - Under (looooong) resto!
1962 Rover P4 80
2002 BMW 745i
2008 BMW Z4 2.5Si
Posted
Settled In
Racing is life . Anything before or after is just waiting - Steve McQueen
Posted
Settled In
mot
Posted
Local Hero
What if I think it has wrongly passed?
These cases usually relate to recently purchased vehicles and you should let us know as soon as possible. We will then offer an appointment within 5 working days to recheck your vehicle without charge, provided:
1. not more than 28 days have elapsed since the MOT test; or
2. not more than 3 months have elapsed since the MOT test for a rust or corrosion related problem.
What action can I take against the garage?
VOSA cannot seek redress or compensation on your behalf - although it is open to you to take action in conjunction with your local trading standards department. Take out proceedings personally or refer the matter to the police.
Any subsequent action which we decide to take against the testing station which tested your vehicle is at our discretion, and should have no bearing on any action you may decide to take
Cheers
1981 1600 GTI (coming to a road near you soon…)
1983 1100 C
1983 1100 C
Posted
Settled In
alway with the legs being over it doent mean that it shopuldnt of gone thought a test its a gray area also it may of been bumped after the test 8O keep in touch and send me some pics of it ill give you my opinion on it mate
Posted
Old Timer
You never know with a mechanics report, and you armed with the correct information he might settle amicably and give your your money back, but very unlikey in my opinion. It does of course depend whether the person selling it was aware of the accident damage when he sold it to you, but a good mechanic should be able to tell roughly when any major repairs were done.
Also might be worth getting a check on the car, as if it was written off during the time the previous owner brought it, then I would say you have a very strong case, of course just because it's been in an accident doesn't mean it will have been written off, but worth a go!
If it was a trader on the other hand, then the full sale of goods act applies and you should have no trouble getting your money back.
I would also get trading standards involved, as there is no way it should have passed an MOT test with a leaky fuel tank.
Mike
1983 White cabriolet GTi
Posted
Local Hero
AL.
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Posted
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well its not its up to the purchester to aksAL_Mk1 said
I'm sure it is against the law to knowingly sell a car with a dangerous defect without telling the purchaser - Check it out with your local trading standards and/or the police (if they can be arsed to help you).
AL.
Posted
Settled In
susan-and-noddy said
well its not its up to the purchester to aksAL_Mk1 said
I'm sure it is against the law to knowingly sell a car with a dangerous defect without telling the purchaser - Check it out with your local trading standards and/or the police (if they can be arsed to help you).
AL.
It is illeagal to knowingly sell a dangerous car unless you disclose the fact to the buyer, no matter who you are. It will end up being a civil matter.
If the MOT's legit then approach the relavent authorities (not sure who deals with these now), I think any structural defects found within 3 months of the test are presumed there at the time of testing.
Hope this helps.
Posted
Old Timer
DTI fack sheet on sale of cars (most of it applies to buying from a garage)
http://www.dti.gov.uk/ccp/topics1/facts/cars.htm
Fact sheet on the Sale of goods act (again mostly applying to retailers selling, but this act applies to the sale of any goods including cars)
http://www.dti.gov.uk/ccp/topics1/facts/salegoodsact.htm
and a nice extract putting it all in persective for buying from a private seller:
When the Sale of Goods Act doesn't apply:
The Sale of Goods Act doesn't apply when you buy a house or flat. And if you buy something privately (from a person, rather than from a business, like a shop), the legal principle of 'buyer beware' applies, so you should check something carefully before you buy. This is because the parts of the Sale of Goods Act that say things must be 'of satisfactory quality' and 'fit for their purpose' don't apply to private sales.
But you do have some rights when you buy privately (from a person, not a shop or other retailer). The law says that even private sellers must not 'misrepresent' goods to you by misleading you or lying to you about something. So, for example, a person must not give you false information about the age or mileage of a second-hand car they are selling.
If you relied on something a private seller told you when deciding to buy and it turned out not to be true, you may be able to claim compensation from them. But you may need legal help to decide whether you can do this and how to go about it. See 'Further Help' for details of where you can get help.
(Taken word for word from http://www.clsdirect.org)
And with reference to it being illegal to knowingly sell a car with a dangerous defect, I'm 99% sure that part in law only applies to motor traders, not private sellers (biiiig loop hole!) As far as I can work out it is perfectly legal for a private seller to sell a car with a known dangerous defect. As long as he doesn't mis-represent the goods by stating that the vehicle is 'imaculate' or 'no accident damage' then unfortunitely as the law stands you have very little comeback.
I know, sucks doesn't it!
Mike.
1983 White cabriolet GTi
Posted
Settled In
you try and prove the last owner new it had been in a bump mate! not as easy as it seems. all they have to do is say i know northing about cars! try and prove they do.stew72 said
susan-and-noddy said
well its not its up to the purchester to aksAL_Mk1 said
I'm sure it is against the law to knowingly sell a car with a dangerous defect without telling the purchaser - Check it out with your local trading standards and/or the police (if they can be arsed to help you).
AL.
It is illeagal to knowingly sell a dangerous car unless you disclose the fact to the buyer, no matter who you are. It will end up being a civil matter.
If the MOT's legit then approach the relavent authorities (not sure who deals with these now), I think any structural defects found within 3 months of the test are presumed there at the time of testing.
Hope this helps.
Posted
Settled In
susan-and-noddy said
you try and prove the last owner new it had been in a bump mate! not as easy as it seems. all they have to do is say i know northing about cars! try and prove they do.stew72 said
susan-and-noddy said
well its not its up to the purchester to aksAL_Mk1 said
I'm sure it is against the law to knowingly sell a car with a dangerous defect without telling the purchaser - Check it out with your local trading standards and/or the police (if they can be arsed to help you).
AL.
It is illeagal to knowingly sell a dangerous car unless you disclose the fact to the buyer, no matter who you are. It will end up being a civil matter.
If the MOT's legit then approach the relavent authorities (not sure who deals with these now), I think any structural defects found within 3 months of the test are presumed there at the time of testing.
Hope this helps.
Thats right you will have to prove it. Chances are that if they know nothing about cars then somebody will have pointed the defects out and that's why they've got shot of it. If they've just got an MOT and the car is that broken then they're probably well aquainted with whoever did the MOT.
Posted
Old Timer
Goodluck
Posted
Settling In
Thanks
Where I?m currently at:
Its been for a MOT and failed (I?m happy about this) the leaky petrol tank is my only hope as I rang the DVLA and they said anything mechanical has to be questioned within 28 days but with corrosion you have 3 months to question the MOT.
The bent cassis can not be questioned as it is not corrosion (so if you prang a car and get a dodgy MOT and wait 28 days till you sell it ha, ha)
The DVLA now want to come and take a look at the car as do trading standards. The car was sold privately but from a company address so they are not happy and I may have some comeback.
This should all happen in the next few days so ill keep you informed.
Thanks for all your help
Posted
Settled In
Posted
Local Hero
Andy
LINCOLNSHIRE REGION - https://www.facebook.com/groups/467122313360002/
1983 MK1 Golf GTI Campaign Model - Under (looooong) resto!
1962 Rover P4 80
2002 BMW 745i
2008 BMW Z4 2.5Si
LINCOLNSHIRE REGION - https://www.facebook.com/groups/467122313360002/
1983 MK1 Golf GTI Campaign Model - Under (looooong) resto!
1962 Rover P4 80
2002 BMW 745i
2008 BMW Z4 2.5Si
Posted
Local Hero
Re: Thanks
K11BYY said
The DVLA now want to come and take a look at the car as do trading standards. The car was sold privately but from a company address so they are not happy and I may have some comeback.
That sounds like good news mate - hope it works out!
My Build Thread
All My Build Photos - https://www.flickr.com/photos/pix-al/albums/72157622794406840
My other hobby - www.pix-al.co.uk
All My Build Photos - https://www.flickr.com/photos/pix-al/albums/72157622794406840
My other hobby - www.pix-al.co.uk
Posted
Settled In
Racing is life . Anything before or after is just waiting - Steve McQueen
Posted
Settled In
and its amazing how it can focus peoples attention.and get issues resolved. I think the last one cost me fifty quid,but was worth its weight in the long run.
my sister had the same problem with her camper van (crash damage, various associated mechanical problems, from a dodgy Romford geezer who refused to acknowledge he was a dealer ) so i know it can be an absolute nightmare.
good luck
1983 lhasa green GTI
1982 lemon yellow CL
1982 lemon yellow CL
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