Legal help needed, bought car from official dealer, turns out it's been crashed!
#1
Legal help needed, bought car from official dealer, turns out it's been crashed!
Not sure where to turn. Bought a year old car from a proper dealer (so top dollar!), everything seemed OK, even talked to previous owner. It now turns out that it's been in an accident & repaired (full respray apparently). As it was a reputable source no independant check was done but I have in writing that there would be a HPI report & that never materialised (although it might not have shown up as the damage was done on a track day).
I expressed my concern to the supplying dealer about buying 2nd hand as I've been stung before, only to be soft soaped. They've been in business 30+ years and have a good reputation.
I really want to walk away from this car as it turns out to be not as it was supposed to be, but how? Can the finance company have any input as technically they own it! Where do I go for help???
Sorry for such a long 1st post but it's turning into a nightmare.
I expressed my concern to the supplying dealer about buying 2nd hand as I've been stung before, only to be soft soaped. They've been in business 30+ years and have a good reputation.
I really want to walk away from this car as it turns out to be not as it was supposed to be, but how? Can the finance company have any input as technically they own it! Where do I go for help???
Sorry for such a long 1st post but it's turning into a nightmare.
#2
Best bet is to contact your local citizens advice bureau (CAB). Its free , and they really know what they are talking about when it comes to this type of thing. Talk to them , find out where you stand, then go back to the dealer, tell him you hve talked to CAB and explain to him what you want him to do to put the issue right.
If he refuses to take your problems seriously it only costs about £15 to file a civil action against him.
Number 1 priority is talk to CAB.!
If he refuses to take your problems seriously it only costs about £15 to file a civil action against him.
Number 1 priority is talk to CAB.!
#3
Hi samscoob,
Sorry to hear about that. Im new to the scooby scene too.
If I were you I'd go on the trading standards website. they have some good info and advice on what to do next.
You should get on the case asap. Have you asked the company to provide you with the Hpi check already promised? If its on the list mate and they didnt tell you then they are at fault.
I had something similar to this prob but not to this extent and I was reimbursed following a letter I sent to the dealer detailing the stuff below:
The law states as taken from trading standards:
“When you buy goods from a trader you enter into a legally binding contract governed by the Sale of Goods Act 1979 (as amended by the sale and supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulation 2002).”
“The law gives the buyer and seller rights and responsibilities and applies to the sale of second-hand vehicles just as much as to all other goods. When you buy from a motor trader you have the right to expect the car to be:
“When you buy as a consumer from a motor trader, your legal rights under the Sale of Goods Act 1979 cannot be taken away or reduced. An example of this is a notice such as “sold as seen”. Such phrases are meaningless and cannot alter your rights”
Pheww, Hope it helps pal.
Rgds,
H
Sorry to hear about that. Im new to the scooby scene too.
If I were you I'd go on the trading standards website. they have some good info and advice on what to do next.
You should get on the case asap. Have you asked the company to provide you with the Hpi check already promised? If its on the list mate and they didnt tell you then they are at fault.
I had something similar to this prob but not to this extent and I was reimbursed following a letter I sent to the dealer detailing the stuff below:
The law states as taken from trading standards:
“When you buy goods from a trader you enter into a legally binding contract governed by the Sale of Goods Act 1979 (as amended by the sale and supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulation 2002).”
“The law gives the buyer and seller rights and responsibilities and applies to the sale of second-hand vehicles just as much as to all other goods. When you buy from a motor trader you have the right to expect the car to be:
- Satisfactory quality,
- Fit for its purpose,
- As described,
- Condition reflects its age and price
- Reasonably reliable.”
“When you buy as a consumer from a motor trader, your legal rights under the Sale of Goods Act 1979 cannot be taken away or reduced. An example of this is a notice such as “sold as seen”. Such phrases are meaningless and cannot alter your rights”
Pheww, Hope it helps pal.
Rgds,
H
#4
I was under the impression that a seller had to disclose by law, if they knowingly sold a car that had been involved in crash and been repaired. I would find it hard to believe that a reputable dealer being in business for 30 years, would not be able to tell the car had been resprayed or repaired.
#5
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If you asked the dealer about the cars history and he had knowledge of its past but declined to inform you then he is bang to rights as far as im aware...proving he knew might be a problem but any dealer worth his salt would check a car out before taking it into stock,so would be very suprised if he didnt know....but legally he does not have to tell you about the cars past unless the question is asked..... i agree talk to cab as they would have far more up to date knowledge on these matters
#6
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How did you find out it had been crashed as obviously the previous owner said nothing about it when you spoke to him and the dealer who I presume was a franchised Subaru Main dealer never mentioned it either?
#7
If you look at your finance agreememt it might say you have a cooling off period so it is possible that you could just take the car back, and it should have all your rights and were you stand legaly written in the small print on the back of your agreement.
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#8
A dealer is obliged by law to provide you with any "information within their posession" about the car upon your request, however current law does not require a dealer to inform you of any accident damage unless the vehicle was an insurance write off or you specificaly ask for it.
Hard to beleive but most of the time a dealer wont know if the car has been involved in an accident as its not a legal requirement for them to be provided with such information. Basically if the dealer didnt know and you didnt ask then they have complied with all regulations relating to the sale of the vehicle. Even if they did know about any previous accident it would be hard to prove it afterwards.
Just because its been in an accident doesnt mean its a lemon, if its been repaired correctly it shouldnt make any difference , try to contact the garage that did the repairs and find out the extent of the damage, could have just been cosmetic.
When I bought my scooby the dealer neglected to inform me that the car was a european import, as I had specificaly asked him if it was a UK car I had them by the *****, had I not asked the situation would not have been in my favour as they are not obliged to tell you unless you ask.
Best advise is to get someone who really knows cars to have a good look round any potential purchases before you take the plunge, unfortunately even with all the laws and regulations we have these days its still a case of buyer beware.
Hard to beleive but most of the time a dealer wont know if the car has been involved in an accident as its not a legal requirement for them to be provided with such information. Basically if the dealer didnt know and you didnt ask then they have complied with all regulations relating to the sale of the vehicle. Even if they did know about any previous accident it would be hard to prove it afterwards.
Just because its been in an accident doesnt mean its a lemon, if its been repaired correctly it shouldnt make any difference , try to contact the garage that did the repairs and find out the extent of the damage, could have just been cosmetic.
When I bought my scooby the dealer neglected to inform me that the car was a european import, as I had specificaly asked him if it was a UK car I had them by the *****, had I not asked the situation would not have been in my favour as they are not obliged to tell you unless you ask.
Best advise is to get someone who really knows cars to have a good look round any potential purchases before you take the plunge, unfortunately even with all the laws and regulations we have these days its still a case of buyer beware.
Last edited by fallwood; 05 June 2005 at 09:42 AM.
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