General trader warranty?

[sithepuntoguy]

does anyone know the law on.........

my gf bought her punto last week for a private car trader, its a dog a real dog and it looks like the chasis number been tampered with, its clean and tidy enough but not mechanically sound at all. She has a reciept which doesnt say sold as seen so as its second hand goods does the trader have to put a warranty on it????

ive already called trading standards as its got a ful lmot and there aint no way it should of past.... exhaust blowing, rear radius arms wobble about alot, handbrake barely works etc

 

[a1ant]

Hi mate,

If its a private sale (ie not trade or garage etc) then she has little to fall back on. (esp with sold as seen on the recipe)

If its from a trader then she has lots of law in her favour. Esp if the vehicle is not fit for purpose or fit to be on the road.

With regards to the altered vin plate.... the car may well be stolen... it may be worth contacting the police who could get a vehicle examiner to ascertain its true identity. You can check its true MOT status online.

Alan

 

[sithepuntoguy]

well its def not fit for the road, just on the front tyres!

contacting the police will probably be a last resort, i really need to get her money back , then il call the cops

 

[FIREsporting]

can i ask wot she did pay for it mate

 

[punto_matt]

Buyer assumes responsibilty when bought from a private individual and you have no come back if stuff is wrong as it should be assumed to be sold as seen. If its a dealer, go buy some lube for him

 

[sithepuntoguy]

lol go buy some lube! she only paid 695 for it but when your poor its alot......the dealer wont talk to me on phone now

 

[punto_matt]

Send letters not phone calls that way you can document all comunication between the pair of you. When sending the letters put a finishing line along the lines of i expect a response within 14days of reciept of this letter etc etc(something like that) And send all letters recorded so he cannot deny recieving them.

 

[FIREsporting]

yer 695 is alot when your poor i no mate, so wot did trading standards have to say about it?

 

[sithepuntoguy]

i have to get car examined by independant garage to say if it was " fit for purpose" when she bought it and if its not then i can take it further

as far the tampering of the chasis number i can either report to police or DOT which ever way if its dodgy then they impound the car and its up to me to claim the money back through civil prosecution.

what i didnt previously know was that anyone selling cars on a regular basis whether they like it or not are considered traders and have to obide by the sales of goods act like every other business............. kinda useful if you buy something off Ebay.

Civil law says - the goods should meet standards that a reasonable person would regard as satisfactory, taking into account any description applied to them, the price, age and any other relevant circumstances.

When considering the question of quality, regard should be had to the following:-

• fitness for the purposes for which this type of goods are commonly supplied,
• appearance and finish,
• freedom from minor defects,
• safety,
• durability.
• The goods must be fit for the purpose

This means that the car should be capable of performing all the tasks that would normally be expected of a car of its type. In addition, if the customer specified any particular purpose such as towing a caravan, the car must be suitable for that task.

• The goods must correspond with any description applied to them.

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[dave]

police ain't bother when the car is worth nothing, i bought a pug with no vin number at all from auction, had the stolen vehicle squad come around and they said they don't think it was nicked, and that was it i was gutted because i had indemnity insurance and could have got money back instead of fitting a new engine in the lemon

 

[Most Easterly Pandas]

I assume you done a HPI check on the car before you brought it?

 

[sithepuntoguy]

yeah she got hpi i have th eprint out its all clear

 

[sithepuntoguy]

the police should have a zero tolerance policy...........i have one for the police

 

[FIREsporting]

police ain't bother when the car is worth nothing, i bought a pug with no vin number at all from auction, had the stolen vehicle squad come around and they said they don't think it was nicked, and that was it i was gutted because i had indemnity insurance and could have got money back instead of fitting a new engine in the lemon

I No How You Feel Dave We All Pay Our Taxes Council Tax And This Is What We Get From Our So Called Public Services The Police Do F U C K ALL

 

[Most Easterly Pandas]

The Police Do F U C K ALL

Yes and No