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Motolab
Member Since: 18 Oct 2019
Location: Sleen
Posts: 1820
  
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I do not know anything about British consumer law. But 4000 quid seems a rather low price for a 2007 D3
I have no idea about mileage.... but here in the netherlands, if a used motor is cheaper sold as what you consider as “standard for its age” and agreed sold without warranty (form is signed) your rights as a consumer are becomming rather thin...
Even if bought from a “dealer”. If the selling price, was higher... like: what the generally cost at LR dealers and indie’s you have the law on your side...
Tis sounds like i selling price “you could have known as it was too good to be true”
I do not want to spoil anything... just the other way around.... stop diving a motor with brake issues..
Spend a £2000 (or less) on her at a well
Known indie and get her fixed, and have years of fun with it..... at £4000 she may be worth another few quid... as that was not expensive... imho...
Just a thought... Best regards
Harold
Always looking for Pre '55's & Pre war British Motorcycles! knowing or having one for sale? PM please. I visit the UK 6 times a year
Ps. I edit my texts quite often, english is not my native language, so I will edit My “typo’s” etc. 
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 24th Jan 2021 8:37 pm |
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Oxford-boy
Member Since: 07 Sep 2015
Location: Oxford
Posts: 1122
  
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Having looked at that invoice where there is no Company name, number or anything else listed but 'no warranty' has been written on it I am kinda with the last post...
It'll undoubtedly cost you to get anywhere versus the £4k you've paid.
I think I'd throw some money to know from an Indy what needs doing but otherwise I am sorry to say I think you are where you are...
Being blunt and I am sorry to be so you have bought a vehicle at a knock down price, accepted a 'receipt/invoice' with what is written on it and now have issues.
School of hard knocks is a tough phrase but I think that sums it up for me...
 Jim
2014 Discovery 4 XXV SDV6 Causeway Grey
2016 Discovery 4 HSE Lux SDV6 Loire Blue - now gone
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| 24th Jan 2021 9:14 pm |
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motorworks
Member Since: 14 Nov 2019
Location: Usk
Posts: 412
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As a motor trader the seller is, or should be aware of, consumer law regarding used car sales. In certain circumstances selling a vehicle with faults or not roadworthy is permissible, but not in this case.
Based on the info supplied this is a retail transaction masquerading as private sale, and is expressly forbidden. Proving this will be fairly easy, but that is only part of the remedy. The seller has already said he will not refund, which suggests that he has previously been in this position. Threat of prosecution by Trading Standards, or Small Claims action may change his mind.
A plan of action is to be persistent and demanding (but reasonable) to convince the seller from the outset that you will be a thorn in his side all the way to High Court Enforcement if necessary. A £4200 refund now would be a smart move compared with baliffs many months later demanding an additional 30% or more in costs. Chris
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| 24th Jan 2021 9:17 pm |
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aja4x4
Member Since: 14 Apr 2019
Location: Westbury
Posts: 2463
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I dont think you have a hope but i bet the car sales is closed and he is furloughed but selling cars from home.
If you can prove that he is selling more cars you could report him.
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| 24th Jan 2021 10:12 pm |
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ajmacfarlane
Member Since: 12 Dec 2016
Location: Maidenhead
Posts: 132
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Hi there,
I’m no expert in these things so would suggest a quick call to get some legal options, but.... I had a similar thing in the past a few years ago.
I can’t fully remember the detail but I seem to recall that if a business makes a sale away from their business address it can be cancelled within 30 days with a full refund because it it technically classed as a distance sale? Or something like that, I’ve probably got the wording wrong. But effectively it’s same principle as buying something online. You’d be entitled to a full refund.
Do seek legal advice. Even if it costs you a few hundred pounds it’s better than thousands so far.
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| 24th Jan 2021 10:14 pm |
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ajmacfarlane
Member Since: 12 Dec 2016
Location: Maidenhead
Posts: 132
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I believe the term I’m thinking of is “off premises” sale which it sounds like has been conducted here if he has sold the car on behalf of the/his business and/or the business is named.
Off premises sales are covered by 14 day returns without need for a reason.
https://www.businesscompanion.info/en/quic...ises-sales
This website is useful for this type of sale and info on distance selling.
If I’m right and you can get it backed up by legal advice I think the threat of you seeking damages for the business not following guidelines may help you see your money back.
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| 24th Jan 2021 10:27 pm |
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aja4x4
Member Since: 14 Apr 2019
Location: Westbury
Posts: 2463
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Was he the last owner on the log book, if he was it was a private sale.
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| 24th Jan 2021 10:34 pm |
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Motolab
Member Since: 18 Oct 2019
Location: Sleen
Posts: 1820
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Business invoice, is business sale.... no matter what is written on the invoice....
Private sale is private contract...
Regarding your rights on used cars, is seems to me it is al written here..
https://www.businesscompanion.info/en/quic...-car-sales
Incl “misleading” things like “sold as seen”
But again £4000 is cheap.... repairs your own costs can be lucrative, when you compare it to buying another Best regards
Harold
Always looking for Pre '55's & Pre war British Motorcycles! knowing or having one for sale? PM please. I visit the UK 6 times a year
Ps. I edit my texts quite often, english is not my native language, so I will edit My “typo’s” etc.
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| 25th Jan 2021 12:07 am |
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Hardware
Member Since: 28 Jun 2016
Location: Hiding under the M60
Posts: 13041
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Is your car the one in the autotrader link posted earlier in this thread ? .
Dean
====================================
2011 D4 XS - OBD port protection, RLD spare wheel protector, All LED interiors lights, Timed Climate enabled, iiD tool paired.
2011 D4 Landmark - Stolen from same dealer before I paid for it
2011 D4 GS - Stolen whilst at dealer  ... All LED interiors lights, DRLs, Spare Wheel protector.
1996 300Tdi - Eaten by tin worms
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| 25th Jan 2021 12:17 am |
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MrsMarsh
Member Since: 20 Jan 2021
Location: Medway
Posts: 109
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Hi all
Yep I did a car check, not stolen, written off, or financed etc.
I got it for less as the cam belts and oil pump are due within a year.
There were lots around under 5k, private and dealerships so I didn't think anything of it.
He was selling from his home due to Covid and he has also sold the 2005 D3 that he has/had up for sale as he told me on Thursday when I called him to discuss the car (not that that is proof I suppose)
I expected to do work on it, but the fact that it says on the ad
"Suspension all works great" and I've no brakes or poor braking at times is annoying. The Indie garage I went to said yes the battery is new, but the alternator they have stated isn't new.
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| 25th Jan 2021 7:38 am |
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ajmacfarlane
Member Since: 12 Dec 2016
Location: Maidenhead
Posts: 132
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Whit there may be trading facts/technicalities that you could challenge the sale on, it’s possible the seller sold from home etc for genuine reasons.
On review it sounds like the old case of “buyer beware”. If you knew the car would need some work then you just need to weigh up the likely cost of what’s required, known or not, vs how much you like and want the car.
The suspension and break issues aren’t great but realistically both elements do go wrong on these Discos and are repairable. To be fair, it’s probably just the first of many issues to pop up unannounced!
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| 25th Jan 2021 7:50 am |
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Disco_Mikey
Member Since: 29 May 2007
Location: Dundee, Scotland
Posts: 20856
 
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https://www.citizensadvice.org.uk/consumer...-used-car/
https://www.thecarexpert.co.uk/spares-or-r...er-tricks/
Quote:As a buyer, you are also covered by Section 75 of the Road Traffic Act, under which it is an offence to sell or supply an unroadworthy vehicle. This means you have the right to expect that any car you purchase from a trader or car dealer is roadworthy and can be safely driven home without endangering you or anyone else.
This is a very basic standard, and certainly doesn’t mean the car has to be perfect. But things like steering, brakes, tyres, exhaust system, seat belts, suspension and structural bodywork must be in good order.
If a sales contract has the words “spares or repair” written on it, the dealer is saying that the car is unroadworthy and is not to be driven on a public road. Do not sign any contract which has this written on it – unless you have no intention of driving the car home and are planning to load it onto a truck or trailer for repairs/restoration.
If a trader tries to convince you that “spares or repair only” means something different or is related to warranty, they are lying and you should walk away immediately (feel free to call Trading Standards on the way out).
 My D3 Build Thread
TDV8 Retrofit Build Thread
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| 25th Jan 2021 8:02 am |
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MrsMarsh
Member Since: 20 Jan 2021
Location: Medway
Posts: 109
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Hardware wrote:Is your car the one in the autotrader link posted earlier in this thread ?
No that's the other one he had up (and sold) but it's identical. Oh and that's the snorkel off of mine, and it has my black interior now and I have it's cream one. I wanted the cream leather so fine with that but I was annoyed about the snorkel. He basically swapped some bits over and put this one up for another £1000
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| 25th Jan 2021 8:02 am |
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M3DPO
Member Since: 22 Sep 2010
Location: Notts.
Posts: 8244
 
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Regardless of it being a business or private sale, you state it had faulty brakes , that fact alone makes the sale illegal, Trading Standards are red on on unroadworthy vehicles, has it got a current MOT? Was it road taxed at the point of sale? Whose name was it registered in at the point of sale.
Inform him that if you don’t get a refund you are going to Trading Standards as the vehicle was in a unroadworthy condition, dealer are terrified of TS, they may even be investigating him quietly now as it is a certainty he has done this before.
The only problem with TS is they will prosecute him if he has committed an offence but it is unlikely you will get a refund or compensation through them. It can when others can't,
It will when others won't,
It goes where others don't.
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| 25th Jan 2021 8:13 am |
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Scott #55
Member Since: 15 Apr 2015
Location: UK
Posts: 1684
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Get a trusted Indie to check it over and let you know what it needs doing, other than teh cam belt which you knew about before the sale. You'll then know whether it's worth spending the money to get the car right.
You can then decide whether it's worth the time and effort going after the seller, or paying for the repairs and enjoying the car.
Personally, and with no experience in this whatsoever, I think you're on a hiding to nothing. But it's not my car or money, so don't take my word for it. Plenty on here are far more able to give you advice and help if you decide to pursue this.
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| 25th Jan 2021 8:27 am |
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