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Claiming compensation from trade seller
I bought a Ford Focus 1.8 (2000) 75,000 miles roughly two months ago from a Trade Seller - one guy owning a fully registered company. I was generally happy with the vehicle, test drove it for 5-10 minutes and decided to buy this a few days after.
Problem is, since then I've had to pay quite a lot in maintenance and repairs. The first an engine issue only a few days after purchase (ended up replacing the ICV and TPS in a garage), then the alternator died (got this replaced at a local garage) and finally had to replace the front two tyres as they were completely bald on the inside - due to completely out of degree wheel alignment.
In less than two months I had already spent £600 on repairs for a car I paid £1500 for. I didn't want the bother of hassling the trade seller at first (being a supporter of local businesses) but after the third issue I was pretty fed up and contacted the company.
Essentially the seller has said as I didn't contact him with the issues first and didnt give him a chance to repair the faults, my rights under the Sales of Goods Act 1979 are now void. Something along the lines of 'You wouldnt buy a pair of trousers from M&S, get them fixed by BHS and then give M&S the bill.'
I've checked through with the Office of Fair Trading and it never states your rights are void, and that the buyer can claim a full or partial refund of necessary costs during ownership.
Basically, does anyone know what I can do in this situation and is it worth pursuing this course, or should I just throw the towel in and take the hit?
Problem is, since then I've had to pay quite a lot in maintenance and repairs. The first an engine issue only a few days after purchase (ended up replacing the ICV and TPS in a garage), then the alternator died (got this replaced at a local garage) and finally had to replace the front two tyres as they were completely bald on the inside - due to completely out of degree wheel alignment.
In less than two months I had already spent £600 on repairs for a car I paid £1500 for. I didn't want the bother of hassling the trade seller at first (being a supporter of local businesses) but after the third issue I was pretty fed up and contacted the company.
Essentially the seller has said as I didn't contact him with the issues first and didnt give him a chance to repair the faults, my rights under the Sales of Goods Act 1979 are now void. Something along the lines of 'You wouldnt buy a pair of trousers from M&S, get them fixed by BHS and then give M&S the bill.'
I've checked through with the Office of Fair Trading and it never states your rights are void, and that the buyer can claim a full or partial refund of necessary costs during ownership.
Basically, does anyone know what I can do in this situation and is it worth pursuing this course, or should I just throw the towel in and take the hit?
Asked on 19 June 2012 by tbarrett
Answered by
Honest John
Your rights for the repaired faults are void, but not for any further faults that occur. However, this was a cheap car sold for less than a tenth of its original price so a court will take this fact into consideration. You cannot expect a perfect car for a tenth of the price of a new one.
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