the link

We bought a second hand car as a run about from a trader, on the receipt issued the trader states that the cam belt was changed a month ago (while car in his care). It then turns out that this was not so, is there any thing I can do or am i stumped?He also did not state on the receipt that the car was sold as seen.

Please gimme some advice as I am thinking of going round there with a few mates

Microstar

If you bought it on the basis that the cambelt had been changed (and he's put it in writing) then he's in breach of contract and you would definitely win in a Small Claims Court.
Write him a recorded delivery letter stating that you expect him to pay for the cambelt change. Tell him you will give him 7 working days to respond - and that you will take court action if you don't get a response.

In English law there is now no such thing as 'sold as seen' when buying from a trader - even if they write it on the receipt it has no effect in law.

silent running

Exactly as above. Sold as seen only applies to private sellers.

RLE

iTrader: (2)

Law of Misrepresentation applies.
Write a letter to the trader asking him to either replace the cam belt or reimburse you to the sum of doing the job.

Same happened to me a few months back concerning a 306 HDI. Trader said it had FSH and stated this on the receipt. Went to collect it only to find no service history came with the car. Dealer refused to reimburse my deposit so I instigated proceedings for recovery.

In the end the dealerships own solicitors agreed that the money should be refunded and they duly sent me a cheque.

the link

Thanks all will be sending a letter immediately

TimH

iTrader: (11)

Before going in all guns blazing, have you spoken to the trader? He may amicably agree to get the belt changed, without the need for what he may see as unwarranted and threatening letters!

the link

Yes i have and he came out with things like he said the person he got it off did the cambelt so he is not responsible etc and that he would gladly see me in a small claims court

HOWY

Your contract is with him not the person who did the cambelt he should claim off them!

Microstar

I am ex-motor trader and there is no way he will win this.

You will need 'expert opinion' on whether the belt has been changed though.
Take the car to main dealer and get them to inspect cam belt and write a short formal note stating whether, in their opionion, the cambelt has been changed withing the last two months.

They will charge you for this, but you can claim the cost of this from the other party and also claim reasonable expenses (phone calls, letters etc) and for time off work to attend small claims court if you have suffered loss of income.

the link

Spoke to my local trading standards and they concour with what microstar says.

thanks people will keep you all posted.

wrx-kris

id pull his pants down over this

loss of earnings especially,
maybe he will become more honest after having his bank account raped

pslewis

With the magic words "The Replacement Cambelt Was A Material Factor In The Purchase Of The Said Vehicle" he simply cannot win!!!

You should tell him that you will get the car examined and if, in an experts view, the Cambelt has NOT been changed you will be holding him fully responsible for compensation AND all costs in bringing a case to court - unless he wishes to reimburse you now AND pay for YOUR choice of Main Dealer to replace the Cambelt!!

TimH

iTrader: (11)

The man speaketh sense...some would say "for once"

GazTheHat

Only "some"?!