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#534604 - 17th Jun 2011 3:07pm Advice Needed...
Handbag Offline
Addict

Registered: 8th Jul 2008
Posts: 251
Loc: Egremont, Wallasey
Hi All

Bought myself a beautiful X reg 1.2 Vauxhall Corsa on Wednesday afternoon for £700. The guy at the showroon told me that the car had just had a new clutch fitted.

Took the car out on Wednesday evening and was thrilled to bits with the way that it was running, and then yesterday took it out to Moreton and on halfway back I started to have trouble changing gear...The car was not allowing me to select a gear. I pulled over when it was safe and switched off the engine, sat quietly and calmed down.... I went through the gears with the engine off convinced that as I had just bought the car that it must have been something that I was doing wrong.. As soon as I switched the engine on I found that I could not get the car in gear at all... my husband was with me and managed to help me get the car into first gear so I could at least limp home and phone the showroom that I had bought it from.

I phoned the company number and was told that the guy who sold me the car would ring me first thing in the morning and I was not to worry as they 'wouldnt leave me with the car like that'

I waited until 11am by which time I was getting pretty hacked off and phoned the showroom number I spoke to the guy who sold me the car explained what had happened and was told 'oh dear I will come and take a look at it, but it sounds like you have ''burned it out'''

I replied that I am a very careful driver and that I had only done a total of 9 miles in the less than 24 hours that I had had the car and that I didnt believe it was possible for me to have burned out a new clutch after only 9 miles... He promised to come over and 'sort it out'.

I have been under the bonnet and looked over the car with a friend and also found that it looks like the battery has been leaking as there is 'greyish white stuff inside' I know I have been really stupid I should have taken someone who knew what they were doing with me as a new driver I dont know a lot about cars etc...

Any advice? My receipt says 'sold as seen' but I would assume that I should have some sort of rights if it is a clutch problem as it was a new clutch and would be under warranty?

I am really upset with myself and worried, I have been told by a garage locally that it could cost £250 to put right..This all just a few days after having my Nissan Micra stolen and scrapped...

I've had a gutful frown

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#534608 - 17th Jun 2011 3:13pm Re: Advice Needed... [Re: Handbag]
willo
Unregistered


Yes you will have rights, and the garage you bought car from must refund or put the car right, tell them if they do not fix the car you will go to tradeing standards. how can they say you have burnt clutch out in 9 miles, they are trying to pull fast one.

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#534634 - 17th Jun 2011 3:53pm Re: Advice Needed... [Re: ]
TheDr Offline
Forum Master

Registered: 23rd Feb 2010
Posts: 2631
Loc: Wirral
What else did they say that the car had had done to it, it's strange that they would mention one item that had just been done (suggesting it had a problem before) and that is the one item that failed.

The "sold as seen" means nothing, you can't sign away your statutory rights and the garage know this they'll just try it on. Items must be "as described" (so if he said it had a new clutch it should have done) and "fit for purpose" (it must work). If he pointed out faults to you (radio doesn't work etc) and you accepted it like that, then you can't go back later and reject the car for that reason.

If you get stuck just pm and I'll send you the relevant bits of the Sale of Goods Act to prompt them into action with.

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#534650 - 17th Jun 2011 4:07pm Re: Advice Needed... [Re: Handbag]
Handbag Offline
Addict

Registered: 8th Jul 2008
Posts: 251
Loc: Egremont, Wallasey
Hi guys thanks for the replies.

I have been on the phone to the showroom and got to speak to another person there. I mentioned trading standards and told them that I wanted the car fixed. I was told again that the car was 'sold as seen' and that if I was going to get crappy they would do nothing for me. I got quite angry and told them that there was no possible way that I could have burned out a new clutch in just 9 miles and insisted that I got the car repaired, I didnt shout but was studiously polite...

The guy shouted down the phone at me 'It's sold as seen ,it' was sold as seen over and over down the phone' and would not let me speak. I eventually got a word in when he had finished yelling and told him that sold as seen counts for nothing as they did not affect my statutory rights... he then said that the guy who sold me the car would be straight over... still waiting...

I really dont think there was any need for the way that I was treated, I was careful not to be crappy with them... and try and give them the benefit of the doubt but at the end of the call I was left really upset and tearful by the attitude of the person I spoke to..

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#534660 - 17th Jun 2011 4:11pm Re: Advice Needed... [Re: Handbag]
willo
Unregistered


Consumer Diret: 08454 04 05 06
Speak with them, they should call you back as well.
http://www.tradingstandards.gov.uk/wirral/

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#534679 - 17th Jun 2011 4:29pm Re: Advice Needed... [Re: ]
TheDr Offline
Forum Master

Registered: 23rd Feb 2010
Posts: 2631
Loc: Wirral
Trading Standards Website:

"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 Regulations 2002.
If you buy a used car from a trader it must be of satisfactory quality, fit for the purpose, and as described. Obviously a very old car with a high mileage will not be as good as a newer car with a low mileage, but it should still be fit for use on the road, in a condition which reflects its age and price, and reliable.

Traders cannot take away consumer's rights by using terms such as ‘sold as seen’.



Just as an aside, the term "sold as seen" means that they allowed you to inspect the vehicle, and that any faults present would have been obvious from this visual (seen) inspection, however if you were unable to "see" certain items (such as the clutch/gearbox) but had no reason to check these items as the garage told you that they had been replaced, then any fault with this is a misrepresentation on their part.

The only way they could avoid liability is if there was a long delay in you reporting this fault, and next day/nine miles doesn't even come close. They are just hoping that if they shout and fob you off enough you'll go away.

Could be an interesting Wiki meet, everyone down there telling their prospective customers what they are like when things go wrong, how long do you think we'd have to be there for ? smile

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#534709 - 17th Jun 2011 5:17pm Re: Advice Needed... [Re: Handbag]
GillnMick Offline
Newbeee

Registered: 30th Dec 2010
Posts: 43
Loc: Eastham
I agree with all the advice given so far.

If the showroom has a website with an email address, put your grievance (politely) stating exactly what you expect them to do regards to the car (ie full refund or repair). If they have no website put your grievance in writing (keeping copies). You must stipulate a reasonable time period for it to be sorted and you must state that should they fail to comply you will be taking further action.
Inform trading standards and keep them upto date with the matter.

Keep us informed as to how you fair. Happy hunting

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#534778 - 17th Jun 2011 7:28pm Re: Advice Needed... [Re: GillnMick]
Handbag Offline
Addict

Registered: 8th Jul 2008
Posts: 251
Loc: Egremont, Wallasey
Thanks for the advice guys

Rang them back up stating all the info from trading standards etc and they've come out and fixed it....
Apparently it was the adjuster cable....

Amazing how reminding them that I know my consumer rights gets things done.

Been back out in the car and everything is peachy!!!
Many thanks
Hath x

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#534788 - 17th Jun 2011 7:38pm Re: Advice Needed... [Re: Handbag]
TheDr Offline
Forum Master

Registered: 23rd Feb 2010
Posts: 2631
Loc: Wirral
laugh

Fantastic, glad it was all sorted in the end and you're back on the road.

Another Wiki-Winner

laugh

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#535439 - 19th Jun 2011 2:09pm Re: Advice Needed... [Re: Handbag]
Toffeenose Offline
Old Hand

Registered: 16th Aug 2010
Posts: 372
Loc: Wallasey
perhaps you could name the garage you bought it from , because anyone that shouts and screams down the phone to a customer ( whom is in the right) doesn't deserve to be in business , wether he came out and repaired it or not....

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