Shafted by Small Call Dealer?

Honest John Back Room » Motoring discussion
What is life like with your car? Let us know and win £500 in John Lewis vouchers | No thanks
View Threaded
Fri 26 Aug 2022 21:39
Shafted by Small Call Dealer? - Paddy2022
Hoping for some advice. I know nothing about cars but needed an older vehicle for mucky jobs, so found something suitable (2005 registration) with a small dealer about 180 miles away, and arranged to have the car delivered. Paid a deposit and then the balance on delivery £4,000 in total plus delivery). As I expected, the car was quite mucky with patches of rust around the doors but that didn’t bother me. However, after putting in £20 of fuel, I noticed a strong smell of petrol when I drove the car. Had it checked by a reputable garage and they have told me that:
1. There is a split in the fuel tank seam.
2. The front subframe is rotten.
3. Fibreglass repairs have been made to structural parts of the car (e.g. the inner sills).
4. Something has been sprayed underneath the car to hide the extent of the general corrosion, which is extensive.
I wouldn’t have picked up any of these things if I’d gone to see the car before buying, although I might have picked up the smell of petrol. I’m trying to figure out if I have any rights under the Consumer Rights Act. Am I correct that even just the fuel tank issue (which is potentially dangerous) meets the definition of a significant fault? Many thanks in advance.

Edited by Paddy2022 on 26/08/2022 at 22:20

Reply | Report as offensive | Link
Fri 26 Aug 2022 22:36
Shafted by Small Call Dealer? - elekie&a/c doctor

Sounds like the car is scrap material and not fit for the road . How does the Mot check out.? If the Mot is recent , then I suspect it has been done fraudulently and the Dvsa needs to be informed. Contact the dealer and say you want a refund under the Consumer rights act. You are also covered by the distance selling regulations.

Reply | Report as offensive | Link
Fri 26 Aug 2022 23:18
Shafted by Small Call Dealer? - Andrew-T

Shafted - definitely. 4 grand for a 17-year-old vehicle which you haven't seen, and is a long way away ? Best of luck with reversing this transaction !

Reply | Report as offensive | Link
Fri 26 Aug 2022 23:23
Shafted by Small Call Dealer? - Big John

You have rights:-

www.theaa.com/car-buying/legal-rights

Reply | Report as offensive | Link
Sat 27 Aug 2022 07:56
Shafted by Small Call Dealer? - badbusdriver

The fact that you paid (only?) £4k is no reason to expect the car to be dirty and poor condition.

Too late now, but hindsight is a great thing. For future reference, doing a bit of research before buying the car would have helped no end (and you don't have to know anything about cars for that). Asking on a forum like this about what kind of cars are least likely to give problems for a start, but also simply looking for reviews on the dealer you are buying the car (or thinking of) from, especially when buying from some distance away.

I live in North East Scotland, but I bought the VW Caddy van I use for my work from a garage in Lancashire. I did so with a fair degree of confidence because on top of the pictures and the MOT history, the dealer had very good reviews, and lots of them.

Reply | Report as offensive | Link
Sat 27 Aug 2022 08:46
Shafted by Small Call Dealer? - Palcouk

Just an observation;

For that sort of price there must have been numerous vehicles in your local area.

Just a guess but me thinks you might be spending too much time on social media when looking

Reply | Report as offensive | Link
Sat 27 Aug 2022 15:10
Shafted by Small Call Dealer? - Gerry Sanderson

Ceiminal offence

Look at Sect 75 Road Traffic Act 1988

(1)Subject to the provisions of this section no person shall supply a motor vehicle or trailer in an unroadworthy condition.

(2)In this section references to supply include—

(a)sell,

(b)offer to sell or supply, and

(c)expose for sale.

(3)For the purposes of subsection (1) above a motor vehicle or trailer is in an unroadworthy condition if—

(a)it is in such a condition that the use of it on a road in that condition would be unlawful by virtue of any provision made by regulations under section 41 of this Act as respects—

(i)brakes, steering gear or tyres, or

(ii)the construction, weight or equipment of vehicles,. . .

F1(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

--------------------[F2(b)it is in such a condition that its use on a road would involve a danger of injury to any person]-------------------

The locus for the offence where the seller has his business. Suggest you discuss matter Trading Standards for that area or P0lice

Dvd

Reply | Report as offensive | Link
Sat 27 Aug 2022 15:14
Shafted by Small Call Dealer? - Gerry Sanderson

PROBLEM

is that what you said to dealer. Tere is a defence for him to come back and say you gave an assurance before use on a road any defect present would be repaired to make the vehicle roadworthy and comply traffic law

dvd

Reply | Report as offensive | Link
Sun 28 Aug 2022 11:59
Shafted by Small Call Dealer? - misar

PROBLEM

is that what you said to dealer. Tere is a defence for him to come back and say you gave an assurance before use on a road any defect present would be repaired to make the vehicle roadworthy and comply traffic law

dvd

Reading what the OP wrote it is extremely unlikely they would knowingly have given an intention to repair assurance. It is obvious to everyone on here, and probably the OP, that they have been conned with very little chance of getting their money back.

No point in asking the OP why they bought this car but my first step now would be a Google search of the "dealer" to see what if anything has previously been said.

Reply | Report as offensive | Link

We give you the low down on how to save on insurance, little-known tricks and tips, what insurance groups mean and how to use insurance aggregators to beat insurers.

Insurance group finder and how to save on insurance

A guide to how much VED you will need to pay on your car.

Road Tax Bands and Rates