You should also check it very carefully to make sure it isn't a stolen ringer running around on the identity of the salvage car.
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You should also check it very carefully to make sure it isn't a stolen ringer running around on the identity of the salvage car.
It's a legal requirement to disclose a car has been written off, IF ASKED, by the buyer. However, you could come unstuck if the car is "sold as seen" on the receipt, and you don't ask the buyer about it's history, or pay for a car history check.
You should have comeback in this case as the car was misrepresented to you at the point of sale, so under law of tort, I believe you have a case.
I really do feel for you dude, it sometimes is easy to be blinded by "a Fantastic deal" and you dont want to loose out.
Hind sight is easy for anyone
But hey ho onwards and upwards.
Things will get better
Hopefully all will be well and you will get some pleasure from this bad experience:beerchug:
Was the guy who sold it "trade" if so you do have redress, also check to see if he has advertised previously and often as that will make him small trader in the eyes of the paper advertising him.
Have you contacted him and told him thet you no longer want the car? and why.
be good if you do get your cash back or some of it but.....
look at it from the sellers point of view he,s sold cat c (vic check hence cat c) car for full market value knowing full well it had been written off. if he,s that type of man that would do that knowing the history of the car, i cant see him handing back the cash.
just out of interest what year is the car and what you pay for it?
if your planing on keeping the car for a number of years it may not be that bad. when you plan on selling it.
just being realistic you have to look at it from all points
I have heard it frequently said that there is no such thing as sold as seen, because your statutory EU citizen rights would be affected....
This is all I could find on google...
Sold as Seen....or is it ? Not Legal....Keep this in Mind !
Just thought I would bring this to your attention if you are selling items. Sold as Seen can be illegal and where it is not, it ONLY refers to what you can see. The law has changed with very little publicity.
All to often people think they are covered when they sell an item and add the wording Sold as Seen. Its not worth the paper its not worth the paper its written on.
Whilst the phrase “sold as seen” is often referred to in the context of car dealers, it can be used in any situation where goods are sold. At this point, it should be noted that the rights detailed in this article only relate to transactions between buyers who are “Consumers” and sellers which are “Businesses”. The rights do not apply to transactions between Businesses – we shall leave that for another day…
When dealing with, or as, a consumer, the phrase “sold as seen” is effectively meaningless. The term “sold as seen” can only be applied in a reasonable manner and can only apply to the way the goods look: something that can easily be seen on a visual inspection. If one takes the example of a car, advertised for sale as “sold as seen”, the exclusion on liability can only apply to external features, such as scratched or damaged bodywork. It is not reasonable to expect a faulty exhaust or clutch to be picked up on the basis of a visual examination.
The problem for sellers, and the benefit for buyers, is the Sale of Goods Act 1979 (as amended). The Sale of Goods Act 1979 provides buyers with various rights, which state that the goods must be:
• as described
• fit for their purpose
• of satisfactory quality
When a consumer buys from a business their legal rights under the Sale of Goods Act 1979 cannot be taken away or reduced. This is what the phrase “sold as seen” seeks to do.
Any warranty or guarantee can only be given in addition to their legal rights, not instead of them.
Furthermore, using the term ‘sold as seen’ in these circumstances may also be a criminal offence under the Consumer Transactions (Restrictions on Statements) Order. It could be seen as an attempt to restrict a consumer’s legal rights. If a business wishes to use any disclaimers, either in contracts or in signs on their premises, it is best to seek legal advice or speak to trading standards first.
Other legislation which affects businesses dealing with consumers includes:
Business Names Act - If you do not trade under your own name but as for example, "Anytown Cars" you must display clearly your name and address where legal documents could be sent to you. There are additional requirements if it is a limited company.
Consumer Protection Act - Take great care that everything you sell is safe. Be particularly careful with toys, electrical goods, upholstered furniture and clothing.
Where you show a price for goods, it is an offence to charge a buyer more. It is also illegal to mislead buyers in other ways about the price of goods, for example by using price comparisons or sale signs when the higher price you quote in comparisons is unfair or meaningless.
Fair Trading Act - It is an offence to display any sign which tries to limit a buyer s rights. Do not use signs like No Refunds or Sold as Seen . As well as being illegal, these signs do not, in fact, limit buyers rights at all.
Price Marking Order - Traders must show a price in writing for all goods offered for sale. This can be attached to the goods, or be placed adjacent to them.
Trade Descriptions Act - Goods must not be mis-described. Before selling recorded or branded items such as cassettes, video films or t-shirts, satisfy yourself that they are not counterfeit because heavy penalties can be imposed on anyone who breaches copyright by selling fakes.
Sale and Supply of Goods Act - If you sell something, whether new or second-hand, it should be of satisfactory quality and fit for its ordinary everyday purpose. It should also be as you describe it.
Keith of Pendragon
The first point means you may have a case, don't give up.Quote:
Originally Posted by jasear
The second idea is a good one, but first go to your local citizens advice bureau. Working where I do it's my job to rubbish these guys but the advice is free and they are fully qualified.
If you already have a solicitor then by all means give them a ring, but the CAB is always the best starting point.
I would only slightly disagree with that. Not demeaning CAB in any way and the CAB are very good in my experience at giving basic advice but will give advice which usually ends with "see a solicitor". If its cut and dried it will be "make a county court claim". From what I've been told he has a pretty solid case that has some degree of complexity for at least a professional assessment from a solicitor. Again, most will give a free consultation but even if they charge the usual £35-50 for a first visit it will save time and stress to just cut to the chase.
Depending on this toerags dodgyness I reckon he has a really good case but extracting money is sometime the problem. It might scare this guy, especially if he has a track record and is an "illegal" dealer, to want to keep it quiet and just cough up.
Just spoke to my lovely wife who was a advertising manager for a newspaper group and she thinks, yes its true she sometimes does..., that if the car is substantially different from the ad the newspaper may have some liability as well...particularly if the guy turns out to be a closet dealer posing as private...but it really gets complex then. Isn't the law wonderful....
What swear filter?....................sorry got told off for last post.......:o
Was it a private ad or trade??
Unless I've missed it, you haven't been back to the guy you bought the car from.Quote:
Originally Posted by jasear
I think you need to be clear on what you want to achieve - establish what you yourself would ideally like to be done, and then what the minimum amount of redress acceptable would be as a fall back position.
My understanding in any dispute matter is you have to give the offending party an opportunity to put matters right, and this means you have to make him aware of what the problems are and what you expect to be done about it. [This could be a refund, half your wedge back, an new gearbox or whatever].
You [understandably] probably don't want anything more to do with him, but you don't want to give him any additional leverage to wriggle out any liability by not playing by the rules...
My experience of the CAB is it depends on who the volunteer is you're talking to, if it's a retired Barrister then great, but if it's a well meaning lady from the knitting circle who had to read from the supporting pamphets - you're probably better off getting a free consultation with a solicitor, even though you know it's a loss leader.
Good luck, I hope you fry the [ommitited in advance in anticipation of the swear filter].
Cheers
Guy