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Sarah2 #470677 8th Feb 2011 12:16am
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When buying from a dealer, under the Sale of Goods Act 1979 (as amended) a car must be:

Of satisfactory quality. It must meet the standard a reasonable person would regard as satisfactory, bearing in mind the way it was described, how much it cost, the make, the age, the history, the mileage, the intended usage of the car and any other relevant circumstances. Amongst other things, this covers the fitness, appearance and finish of the car, its safety and its durability. The car must be free from defects, except when they were pointed out to you by the seller before you agreed to buy it or where you have inspected the car and that inspection ought to have uncovered the car defects. Even where a car appears to have a minor defect, it may still be of unsatisfactory quality if that defect could lead to extensive damage or render the car dangerous to drive.


Do i have nothing to go by from this?

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Sarah2 #470678 8th Feb 2011 12:16am
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Originally Posted by Sarah2
Ive been told by a mechanic that the car is not at all worth what i paid. The advisory had been ripped off before the MOT certificate had been given to me. could he not just turn around and say that he wasnt aware of any advisories?


What was the date of the test?

he can't say he was unaware as it is stated on your MOT Advisory notice given.

Chances are he bought it from an auction, MOT'd it and banged on an extra £300 on the price.


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Sarah2 #470681 8th Feb 2011 12:20am
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The date it passed was the 22/06/2010 it also failed the exact same day. Ive been told from a friend that he is a cowboy but this doesnt get me anywhere as i have no proof. this was from the consumer direct advice website
The car must be free from defects, except when they were pointed out to you by the seller before you agreed to buy it or where you have inspected the car and that inspection ought to have uncovered the car defects.
does this not mean he has to tell me about the things on the advisory before selling the car?

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Originally Posted by diggingdeeper
MrPhil

Sorry to disagree, but as far as I am aware ...

As long as it roadworthy when sold then then the dealer has no responsibility to fix anything or warn you about it prior to the sale.

The warantee usually covers faulty items but not things that wear such as brake pads/disks, bulbs, tyres, windscreen wiper blades etc


Don't be sorry smile

Can see your point but if your buying a car from a DEALER you want 12 months ticket, not havin to faff about before then due to advisory defects kickin in.

I hope you get it sorted Sarah.


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Sarah2 #470683 8th Feb 2011 12:23am
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Originally Posted by Sarah2
The date it passed was the 22/06/2010 it also failed the exact same day. Ive been told from a friend that he is a cowboy but this doesnt get me anywhere as i have no proof. this was from the consumer direct advice website
The car must be free from defects, except when they were pointed out to you by the seller before you agreed to buy it or where you have inspected the car and that inspection ought to have uncovered the car defects.
does this not mean he has to tell me about the things on the advisory before selling the car?


Did you buy it with 12 months MOT?

Did he tell you it only had 6 months?


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Sarah2 #470686 8th Feb 2011 12:26am
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He didnt say anything like that only that it had passed its MOT gave me the certificate and told me it had 6 months tax on it. When my boyfriend asked wether he had had any problems with the car he said no but he obviously knew there was problems with the car and chose not to tell us or give us the advisory.

Sarah2 #470687 8th Feb 2011 12:26am
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Advisories are not defects, all MOT defects are fails, not advisories.

Generally advisories are supposed to be items that are fully functional and roadworthy but are expected to be needed to be fixed before the next MOT.

Many other faults can develop before the next MOT, the dealer isn't expected to fix them in anticipation of them going wrong. The waranteed may cover some of them.

Try citizens advice, they can give you a more professional opinion.

[All IMHO]


We don't do charity in Germany, we pay taxes. Charity is a failure of governments' responsibilities - Henning Wehn

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Sarah2 #470690 8th Feb 2011 12:29am
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Hmm i honestly think that i have just been done over by this man an he hasnt told me about the advisories because he thought nothing would come from them in the first 3 months of me driving so it wouldnt be his problem

Sarah2 #470692 8th Feb 2011 12:30am
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I can't see you getting any where tbh.

If you had it MOT'd a week before sale then yes but as it is 6 months in he could argue the advisory's had been done.

Least next time you buy you can swerve his place and double check your MOT.

Keep us updated, and good luck.


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Sarah2 #470693 8th Feb 2011 12:31am
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Thanks

Sarah2 #470697 8th Feb 2011 12:40am
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By the way, I do sympathise with you wholeheartedly, and I don't think it is right but I'm trying to inform you of what I think is a realistic with secondhand cars - and I am afraid it is rather negative.

The 6 months "missing" MOT should have been a warning to you, he's either had trouble selling the car or he's sold it once and its been returned already. Also he was presumably a bit worried about putting it in for another full MOT (12 months MOT ups the selling price of a car quite a bit).

If there was anything that would have failed the MOT when he sold it to you, he should have fixed them, but as its now a couple of months on, its too late to go down that route.


We don't do charity in Germany, we pay taxes. Charity is a failure of governments' responsibilities - Henning Wehn

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Sarah2 #470722 8th Feb 2011 6:59am
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Originally Posted by Sarah2
Front Exhaust has a minor leak of exhaust gases (7.1.2a)
Nearside Inner sill Body has slight corrosion (6.1.3)
Offside Outer sill Body has slight corrosion (6.1.3)
Nearside Front chassis leg Body has slight corrosion (6.1.3)
Offside Front chassis leg Body has slight corrosion (6.1.3)
Offside Front suspension has slight movement at a wishbone pin or bush (2.5.A.1c)
Nearside Track rod end ball joint has slight play (2.2.B.1f)
Offside front an nearside front brake discs

Not being unsympathetic: so it's a bit rusty round the edges and needs new brake discs. And you paid roughly three times its true worth.

It's a 16 year old shed, a cheapo car which was originally designed and built down to a price and probably with a lifetime of 5 years in mind. What do you expect? The advisories are just that - they're not MOT fail points, they're there to warn you that those items may need attention before they turn into a major problem.

Read this: http://www.honestjohn.co.uk/carbycar/ford/ka-1996/

Last edited by MikeT; 8th Feb 2011 7:09am.
Sarah2 #470725 8th Feb 2011 8:30am
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Originally Posted by Sarah2
When buying from a dealer, under the Sale of Goods Act 1979 (as amended) a car must be:

Of satisfactory quality. It must meet the standard a reasonable person would regard as satisfactory, bearing in mind the way it was described, how much it cost, the make, the age, the history, the mileage, the intended usage of the car and any other relevant circumstances. Amongst other things, this covers the fitness, appearance and finish of the car, its safety and its durability. The car must be free from defects, except when they were pointed out to you by the seller before you agreed to buy it or where you have inspected the car and that inspection ought to have uncovered the car defects. Even where a car appears to have a minor defect, it may still be of unsatisfactory quality if that defect could lead to extensive damage or render the car dangerous to drive.


Do i have nothing to go by from this?


Call Trading Standards.
To cut a long story short, a lad in work bought a car from a dealer in December. Engine Seized in Jan and because trading standards showed my mate where to print off an advisory notice to the dealer he is now having the engine replaced free of charge.

He was advised that he could either :

1) Let the dealer fix the problem.
2) Replace the car to the equivalent.
3) Refund.

It was something like that.

But the Advise hear is ring up the Birkenhead Trading Standards you have nothing to loose and everything to gain.

You will be guided to there website,
and to print off there official document where you just fill in your details.

Hope that helps.

See trading standards
https://www.wikiwirral.co.uk/forums/ubbthreads.php/topics/214868/Trading_Standards.html#Post214868

Sarah2 #470732 8th Feb 2011 9:15am
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if your generally worried about it, pop it down to my garage and ill giive it a full look over for free. i dont rip people off, and haave lots of good feedback in the autowirral section smile

Ka's are very rusty cars ive heard of 4 year old ones needing welding, i used to work doing mots wink but if undersealed and waxoiled they'll last a lot longer and there will be no expensiove welding jobs! best to see to them now

Last edited by chris_gilly; 8th Feb 2011 9:17am.
Sarah2 #470739 8th Feb 2011 9:36am
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A T Reg ford Ka is worth £995 depending on condition and milage, the dealer does not have to tell you about the advisorys, if your 3 month warranty is up it's your problem, sorry but you should of checked the car when you bought it (or before).
There is nothing you can do about it.
Ka's are not a very good car to buy second hand, you will always have problems with them, especially over 75k.
Mike T just because it's 16 years old it doesn't mean it's a shed. Some people aren't mugs that go out getting finace wink


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