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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience:  Over 5 years in practice
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hi my mum has bought a car from a garage that is not local,to

Resolved Question:

hi my mum has bought a car from a garage that is not local,to cut a long story short it has no paper work which mum would have not bought if knew. we keep checking with DVLA and still not registered to her and garage say sent off paper work .it came with no book, which we later got to find out once reading that we have quite a few problems with the car.
1 engine auto-diagnosis sign lights up
2 should have been serviced over 5000 miles ago
3 windscreen cracked and when replaced were told was't fitted properly
4 car overheating within few miles
5 advertised as having air condition and not working
6 there is white substance on top of oil cap have been lead to believe
means head gasket has gone or a crack in the engine block.

my mum is a disabled pensioner who is very distressed and after many phone calls to the garage, we feel like we are getting no where and they are stalling for time as 3 month warranty on the engine and gear box will be up in a couple of weeks. been advised to write letter of complaint and give 2 weeks for them to respond, but by then will be too late.
what can and should we do?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

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

How much did she pay and how old is this car please?
Customer: replied 2 years ago.

£1990 payed cash, car was registered in 2003

Expert:  Jo C. replied 2 years ago.
Did they advertise it as having a full service history?
Customer: replied 2 years ago.

no, no service history

Customer: replied 2 years ago.

not advertised as full service history

Expert:  Jo C. replied 2 years ago.

Were any of these faults pointed to her at the time of sale?
Customer: replied 2 years ago.

there were a couple of faults of which we knew about that were rectified for the mot before we collected a week later after paying a £100 deposit. he told mum there was no paper work because he taxed the car and sent paper work off. we phoned him after 4weeks, concerned that no paper work had arrived. We were told takes 6 weeks. phoned DVLA.... told not registered in mums name so could not descuss vehicle with us. And this back and forth phone calls to garaage and DVLA continues. Deposit payed 3 may,collected 10 may.



how do i rate your answers?

Expert:  Jo C. replied 2 years ago.

The Sale of Goods Act does apply to this type of transaction. This is a dealer sale. That will demand that anything sold must be 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 its history.

Some of the points you mention do not amount to breaches. See below

1 This might indicate a breach as it might indicate a fault but its not a fault in iteslf.

2 That is not a breach. They did not tell you there was a full service history and so there is no misrepresentation.

3 That might be a fault. It depends whether it is dangerous.

4 That could be a breach. It depends how easily it can be resolved. If it just needs water then that is not a breach.

5 That is certainly a breach.

6 That would be a breach.

You do need to write to them warning them of your intention to sue if they do not act and a two week period would be reasonable.

if they do not act then just have the work done and issue against them for the cost here

Can I clarify anything for you?

Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience: Over 5 years in practice
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