Ripped off on car[advice needed]

[pokerjoke]

About 3 months ago i brought a car for the misses.
I purchased it from a private garage for £1700 quid.
Its a long story,but basically it went wrong after two days.
The brakes were smoking,when i rang the garage the owner
told me that the warranty only covered engine and gearbox,and
it was my problem.
I took it to quickfit who told me the brakes were faulty and were not
fitted with proper ford parts and would costs £300 quid per wheel on the fronts.
Rang the garage who said they would not refund my money,and to take them to court.
Which i have done,i have gone through the proper channels,and now im waiting for
a court judgement.
This has taken nearly 3 months and has been a nightmare,has anyone experienced this?
how long did it take,and whats the chance of me getting my money back.
Thx

 

[G1BB0]

saw this on rip off britain I think it was, same thing, car faulty within days, garage refused to accept return or remedy the issue, bloke took them to court, won and called the bailliffs in to get his money back or seize goods.

Just make sure you have everything in writing etc and I am sure you will be successful.

 

[Doh]

Anything that is sold has to be" fit for purpose" which this car clearly was not. The seller should be aware of this and i cannot see why any court would not rule in your favour.

Good luck

Let us know how you get on.

 

[chrisd]

So, you have issued the summons, it wasn't defended and you have applied for the judgement to be registered?

Is the summons to the owner personally or to a limited company?

 

[brendy]

To be honest the likes of brake pads and discs are very inexpensive if you source them from local motorfactors.
Kwikfit etc are all money making machines and will charge you dealership prices.

I found out along time ago that I had the ability to do replace brakes etc myself and have saved hundreds in labour and dealer prices.

Whatever make of car you bought, get onto the owners forum and ask for advice (as you would ask for advice on golf on here) and someone will be local who can help out. Rather than get stressed, sort it yourself.

 

[pokerjoke]

So, you have issued the summons, it wasn't defended and you have applied for the judgement to be registered?

Is the summons to the owner personally or to a limited company?

I would presume its to the company,however i believe hes a one man band.
It all seems to be going through,however so slowly.
Gone past the stressed stage now,just seems such a slow process.
Good to know some people think ive got a chance.
Brendy thx for your post,but im doing this out of principal.
I could get it fixed and probably for a lot less than quick fit quoted.
But if the car has one major fault,who knows what the M.O.T might bring
up,i dont want to take the risk when its a car for the partner and kids.

 

[GreiginFife]

£300 per side does seem excessive. Even for a full caliper/disc/pad replacement for a Ford.
As Brendy says, KF are a bit of a rip-off merchant when it comes to these things. BMW only quoted me £440 all in for my front braking system when I had a caliper failure.
Did it for £200 myself though.
Did you not inspect the braking system or take it for a test drive?

 

[bladeplayer]

.
But if the car has one major fault,who knows what the M.O.T might bring
up,i dont want to take the risk when its a car for the partner and kids.

Then an independant engineers report would be advised .. i think the AA do this , it might/should also help your decision when your case comes to court if there are faults found , you are 100% right regarding safety with partner & kids , no price on this , its invaluable ..

 

[pokerjoke]

£300 per side does seem excessive. Even for a full caliper/disc/pad replacement for a Ford.
As Brendy says, KF are a bit of a rip-off merchant when it comes to these things. BMW only quoted me £440 all in for my front braking system when I had a caliper failure.
Did it for £200 myself though.
Did you not inspect the braking system or take it for a test drive?

No i didnt inspect the braking system,as the fault was only found when
the wheells were taken off.
However when i took it for the test drive,i did notice it was grinding and not stopping
smoothly.
I mentioned this when i got back and he said it would be sorted.
When i went to pick up the car he said that the brakes had been done.
I have been a bit nieve,however there must be a better system to stop
us public being ripped off,and getting a refund.
However hopefully it will be sorted soon,fingers crossed.

 

[pokerjoke]

Then an independant engineers report would be advised .. i think the AA do this , it might/should also help your decision when your case comes to court if there are faults found , you are 100% right regarding safety with partner & kids , no price on this , its invaluable ..

Thanx BP thats a great idea

 

[ADB]

Brendy, not sure about the advice to DIY with no prior knowledge and using a forum for advice!! Surely the brakes on your car are not worth doing on the cheap?

 

[chrisd]

I would presume its to the company,however i believe hes a one man band.
It all seems to be going through,however so slowly.
Gone past the stressed stage now,just seems such a slow process.
Good to know some people think ive got a chance.
Brendy thx for your post,but im doing this out of principal.
I could get it fixed and probably for a lot less than quick fit quoted.
But if the car has one major fault,who knows what the M.O.T might bring
up,i dont want to take the risk when its a car for the partner and kids.

Its difficult to follow this one. You havn't issued the summons yourself? If and when you win the case the remedy, if they dont pay, is likely to be different if it's a Ltd company than a private individual.

The law, as I understand it is that, if you buy from a garage and he tells you that there is nothing wrong with the car/ misrepresents it, then you have a good case but it does depend on what was or wasn't said at the time of purchase. If he sold it as a private individual, usually, "caveat emptor" applies (let the buyer beware)

The warranty from a garage isn't that important if the problem happened after 2 days so long as the judge accepts that it was clearly faulty when he sold it to you and the he either should or did know, but the judge would still place quite some emphasis on the dialogue at the time and who's story he trusts most.

 

[GreiginFife]

Brendy, not sure about the advice to DIY with no prior knowledge and using a forum for advice!! Surely the brakes on your car are not worth doing on the cheap?

I did an engine swap couple of years back with no real "prior" of doing it (V6 in to a Mk4 Astra) with nothing more than rudimentary knowledge and forum advice )and a haynes manual of course.
Car was checked and passed by VOSA so as long as you do the work and then get it checked, I don't see what the issue is. Garages and the dealers prey on the people that won't take on the work themselves for whatever reason. On my other Astra, a basic 1.8 coupe, KF wanted £190 to replace front discs and pads, told me it was a 3 hour job. Parts cost me £70 (Mintex so good quality) and fitted in under an hour for both sides. Why would I even consider £120 extra for unknown quality and a spotty apprentice doing work on my brakes?

 

[ADB]

I did an engine swap couple of years back with no real "prior" of doing it (V6 in to a Mk4 Astra) with nothing more than rudimentary knowledge and forum advice )and a haynes manual of course.
Car was checked and passed by VOSA so as long as you do the work and then get it checked, I don't see what the issue is. Garages and the dealers prey on the people that won't take on the work themselves for whatever reason. On my other Astra, a basic 1.8 coupe, KF wanted £190 to replace front discs and pads, told me it was a 3 hour job. Parts cost me £70 (Mintex so good quality) and fitted in under an hour for both sides. Why would I even consider £120 extra for unknown quality and a spotty apprentice doing work on my brakes?

Obviously I can see the argument for DIY, no-one wants to be ripped off. But, and this reflects more on my ineptitude in these matters , I wouldn't trust myself to do a proper job. Guess it also depends on the car you are working on...

 

[GreiginFife]

Obviously I can see the argument for DIY, no-one wants to be ripped off. But, and this reflects more on my ineptitude in these matters , I wouldn't trust myself to do a proper job. Guess it also depends on the car you are working on...

This is very true SHW, Fords and Vauxhalls are inherently easier as the parts are usually made simpler such as calipers, discs, pads, bearing assemblies, suspension etc. This allows them to manufacture them faster and cheaper.

 

[rikkitikk]

did you pay a deposit of over £100 on a credit card at all. If you did then the bank is jointly liable.

"Whenever you use your credit card to pay for something that costs more than £100 and up to £30,000, Section 75 of the Consumer Credit Act (CCA) makes the card issuer jointly liable with whoever you're paying if something goes wrong."

 

[pokerjoke]

did you pay a deposit of over £100 on a credit card at all. If you did then the bank is jointly liable.

"Whenever you use your credit card to pay for something that costs more than £100 and up to £30,000, Section 75 of the Consumer Credit Act (CCA) makes the card issuer jointly liable with whoever you're paying if something goes wrong."

NO,i payed by debit card

 

[hamshanker]

Had similar problem with daughters car last yr,If u type in' used car advice directgov' they have some good advice in there but assume ur past this now but good luck with ur claims.

 

[Andy808]

Join Which legal services they will give you all the advice you need and what action you need to take and when.
From memory it's about £50 for a year but will save you a fortune and pretty much garentee you will win if you are in the right.

 

[pokerjoke]

Good ish news today,i have won my case out of court.
They found in my favour,im not 100% sure,but im presuming
the dealer didnt reply to the case against him.
It is now going to the local court who i understand will send in the bailiffs.
I have been on google to see what happens next,im also going to presume
its not straight forward.
Has anyone got any experience with bailiffs,and what are my chances now of
getting my money back?
Thx