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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69265
Experience:  Over 5 years in practice
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bought a car from a trade seller and facing major issues and

Customer Question

bought a car from a trade seller and facing major issues and need some help with it
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 2 years ago.

i baugh a car (peugoet 206) on 14th june or july last year. since the 1st day i had major break downs and i have AA receipts to prove them. each and every time i contacted this trade seller (dani mortors luton) he manipulates me because he knows i have no experience with cars.


exhaust broke down catalyst coverter was gone, battery was really poor and head gasket issue which ends up in over heating, these were the major issues from the day one.


each and everytime i drive to luton from watford (15 miles approx) he just says thing and convinces me manipulates me or asks me to leave the car and he will fix it. but all what he did was clearing the dash board signs instead of fixing the real issue.


finally i had the car checked from peugoet dealer palmers in watford. i was told the whole exhaust and the catalyst converter should be replaced and i had it done from kwik fit spending almost £700.



the over heating issue was there since the begining too. when i drived to luton to the seller for the 1st time it was summer and he said thats the reason and for over heating and if we get rid of the thermoster everything will be fine, the real issue wasnt the thermoster but the head gasket. in order to cover it up he took off the thermoster therefore the over heating will be controlled( didnt fix the real issue but did something which would reduce the risk of over heating) but thermoster is a compulsory component which helps the car to warm up quicker


after that i didnt drive the car for almost 2 months; went on holiday. here i am again the overheating issue here again fed up spending money on this car. i have spent more than £1000 so far and still there are issues.






Expert:  Jo C. replied 2 years ago.
How much did you pay and how old is the car?
Customer: replied 2 years ago.

i paid £2400 through finance and its a 55 plate registered in end of 2005.

Expert:  Jo C. replied 2 years ago.

Are you asking if you have a claim?
Customer: replied 2 years ago.

i basically dont trust this trade seller. today when i contacted him regarding this over heating issue, he just tries to put the blame on me. all i want is all the issues to be fixed 100% by a third party as i dont trust this guy and he has to pay for it as i have spend enough money by buying this car from him. is it possible ?

Expert:  Jo C. replied 2 years ago.
Well, obviously some cars can be fixed and some cannot.

Whether its possible to fix this particular car is a mechanical issue really.

However, it is a trade sales so the Sale of Goods Act will apply. That will mean that S14 SGA will apply which will demand that it is 'fit for purpose'. That does not mean perfect but it does mean reasonably good with reference to the price you paid for it, its age and history. This is a fairly recent purchase and it wasn’t an insignificant price. Clearly it is faulty and they seem to accept that by offering a repair so that should be no difficulty.

Also, the original fault was within 6 months of sale and so there will be a presumption that it existed at the time of sale unless they can prove the contrary.

If you have lost faith in him then you can always get another to put this right and sue him for the cost.

Hope this helps. Please let me know if you need more information.

Customer: replied 2 years ago.

i have asked him to do it but he is not willing to accept it. he puts the blame on me as ive been using the car and its nothing to do with anything or this was over heating was there during the sale.


is it possible to clam or file a legal case or something on him?

Expert:  Jo C. replied 2 years ago.
Yes you can sue here

Obviously you do need to prove that this fault would have existed at the time of sale or that you complained within the first six months of sale.

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