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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3759
Experience:  Solicitors 2 years plus PQE
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Hi i hope you can help me. I purchased a vw golf car from a

Customer Question

Hi i hope you can help me. I purchased a vw golf car from a trader on 4th november this year. When i got it home i realised that the cam belt had not been changed yet so i arranged to have that done straight away. I only drove the car 3 times before i put it into a VW garage to have the cam belt changed and for them to do some diagnostics on the gear box as from the day i took it home the car didnt seem to be going into gear properly. Having fixed the cam belt and run the diagnostics vw came back to me to say that there was over £3000 worth of things that needed repairing on the car. At this stage (16 days after purchasing the car) i contacted the trader i had purchased the car from and demanded a refund despite having spent money on the car myself. He basically laughed down the phone at me and refused to accept any responsability saying he had sold me a car that was fit for purpose and that i had to expect 'wear and tear' on a used car. I then contacted the warranty company for the warranty i had received from the trader who also said they would do nothing as it wasnt classed as mechanical fault. The same day VW phoned me back to say that after trying the car futher they were now classing the car as un-roadworthy and not fit for purpose unless the repairs were carried out! I agreed for them to carry out only the work needed to the gear box which was just over £1000 but unfortunately they then came back to me again to say that the repair had not worked and the car now needed a whole new gear box which would be a further £3500! This was now classed as a mechanical fault with the car so they phoned the warranty company up again who this time decided they would not pay out because the fault was a fault that was already known about before i purchased the car! Please could you tell me exactly what my rights are here because i have clearly been sold a car that has not been fit for purpose! And i feel the trader knew there was problems with the car before selling it to me. He's also given me a warranty that is of absolutely no use to me what-so-ever!
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Was the car advertised at all in "good condition"?
Did you inspect it before your purchased it?
Kind regards
AJ
Customer: replied 2 years ago.

I don't actually have a copy of the advertisement to be honest so i couldnt answer that 100% but i wouldnt have even gone to look at the car unless it had said it was in good condition so im imagining that it did.

I didn't get the car officially inspected. It was just inspected by sight by me and my dad. But the problems that it has wouldnt have been 'visible' as such.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Was the trader a professional car dealership?
Kind regards
AJ
Customer: replied 2 years ago.

How do you mean professional car dealer? He had a company name and lots of other cars on his forecourt if that's what you mean?

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
The facts are that you were sold a car that you believed to be in good condition and did not require any repair.
The car dealership will argue that you should have inspected the vehicle before purchasing it and therefore the maxim buyer beware applies.
Ultimately if you want to make a successful claim you need to prove that the seller misled you into believing that the car was in "good condition".
What I suggest you do is the following:
1. Write to the buyer and say:
(i) You were lead into believing that the car was in good condition and had been advertised as such;
(ii) You were also coerced into purchasing a warranty that has no relevance or application;
(iii) Say that the garage has misrepresented you and accordingly you should be entitled to return the car or insist on the cost of repairs being paid.
(iv) Say that if they do not you reserve the right to:
a. Make a complaint to Trading Standards www.tradingstandards.gov.uk/
and/or
b Make a county court claim for your losses https://www.moneyclaim.gov.uk/web/mcol/welcome
2. If he still refuses to assist you, then you will have to take the action highlight. What I recommend you do is send a friend to the dealership and inquire about a car anonymously - you can then find out whether this dealership is engaging in sharp sales practices and advertising the condition of the car falsely.
I look forward to hearing from you.
Kind regards
AJ