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Old 23 March 2007, 04:58 PM
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chocolate_o_brian
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Default help for a mate

right situation is this...

mate bought a 1998 r-plate nissan primera gt turbo or whatever its called. its a special edition anyway. 2.0 engine in it.

basically the driveshaft has clean snapped on it. now hes been told today by an independant garage he took the car to, it was twisted or something beforehand and has been for a while... but he only bought the car 3 months ago... from a rather dodgy source too who has a rep of selling ahem knackered motors. (he and i didnt know this at the time unfortunatley)

gonna cost him around £750 to fix as hes having to get a new part from nissan and have it fitted, serviced or what not. theyre the figures he said to me after i suggested breakers, scrap yeards etc, even a re-conditioned one etc.

anyway problem is, he believes, and so do i, that the guy who sold him the car for i think it was £1250 3 months ago, should stump up some of the bill, as obviously he knew the driveshaft was twisted, and so did the dodgy m.o.t. place he had it m.o.t.ed straight before selling.

the independant garage my mate took it too said by looking at it, they could tell its been fubared for a while, a lot longer than three months anyway.

hes a little unsure of who to speak too. he wants to keep the car, as besides the dodgy driveshaft, its a good motor... having had it checked thoroughly by said independant garage.

i said write a letter to dodgy geezer and explain/ask to split the bill. he seems to think he can just word of mouth it to him... stoopid boy. put it this way the guy sometimes doesnt do himself any favours. so as said i suggested a formal letter, maybe a quick phone call to the c.a.b. and take it from there.

can anyone help or offer any advice for my mate to pass it on. he was sold the car with a fresh m.o.t. and 6 months tax, with a full reciept and the usual 1 month warrenty thing. nothing on the reciept regards sold as seen or "tuff ****" lol.

cheers in advance

andy

Last edited by chocolate_o_brian; 23 March 2007 at 05:38 PM.
Old 23 March 2007, 05:03 PM
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paulr
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I only ever buy from main dealers or privately people i know. Thats good advice.
Old 23 March 2007, 05:05 PM
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Scooby Snacks 23
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The old primera gt was a cracking handling car, I remember that

No advice for your mate I'm afraid, but can't help thinking that he might be stuck with the bil himself
Old 23 March 2007, 05:10 PM
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paulr
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He bought it from a dodgy source with a one month warrenty and its knackered three months later. I'd say he's *ucked. Sorry to put it so bluntly.
Old 23 March 2007, 05:15 PM
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The Rig
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i dont think its a aturbo,unless ones been added on as i iused to own a GT and my missus does now and they never made a turbo GT.

£1250 is a good pricce for the GT,thats what we paid for he GT with 89k on th eclock

to be honest, ur dreaming if u think a seller should stump up a repair bill 3 mths after the purchase !!!!!

i know id laugh if i got aletter
Old 23 March 2007, 05:17 PM
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monkeysan
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think he means the GT (SR20DE engine)

i would try local trading standards but looks like you may be disappointed i'm affraid
Old 23 March 2007, 05:19 PM
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The Rig
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cars are s old as seen, its upto the buyer to spot dodgy things with cars,simple as and this will alwasy be the case.
Old 23 March 2007, 05:20 PM
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The Rig
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Originally Posted by monkeysan
think he means the GT (SR20DE engine)

i would try local trading standards but looks like you may be disappointed i'm affraid

Ai, ive owned 3 of them i liked them that much

but that was before turbo power of course !!
Old 23 March 2007, 05:21 PM
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The Rig
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Also, i take it it is the P11 not p10 version
Old 23 March 2007, 05:37 PM
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LOL at this! When the boot's on the other foot (threads about new owner phoning up to reclaim cost of repairs) the advice is generally to tell them to stick it where the sun doesn't shine...
Old 23 March 2007, 05:41 PM
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Mate is this a joke?

you have no chance getting any money back
i had my own car sales selling cheap cars and for that kinda money its the luck of the draw im afraid
unless you get a decent warenty when buying then forget it
ask yourself this if you sold a car and the bloke brought it back after 3 months how would you deal with it?
all imo of corse
Old 23 March 2007, 08:16 PM
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chocolate_o_brian
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appreciate the comments guys, il pass them on anyways. a point to be made though, is me and my mate both know now what goes on with this fellow, and if a few words were spoken to the authorities, he would get shut down. but im not like that, the guy is doing his business behind closed doors etc. thats not to say im gonna blackmail him, but i thought that surely he would have known about this probelm when selling it. and also, with the driveshaft being twisted before and after the m.o.t. shouldnt the garage who did this be at fault too? or can you pass an m.o.t with a twisted driveshaft?

just so i can pass on as much as possible.

Nissan Primera Saloon - 2.0 16V GT 4d - Technical Data - Parker's

believe this may be the model he has, but he claims the previous owner did some fettling and it runs about 190bhp now.

something heres not right. my mate drives like a granny too. apparantly the guy before was disabled too, as he had problems converting the tax when buying the car 3 months ago.

just trying to pass on advice from the wise heads off here so dont shoot me please
Old 23 March 2007, 10:05 PM
  #13  
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Sorry to say - probably have to chalk it up to a bad experience.......

The only consolation is that is sounds like he got it at a good price. The extra to repair it will bring it up to what it should have been worth (just about!).

You live and learn.....

Dan
Old 23 March 2007, 10:15 PM
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This sort of thing is rife I'm afraid.

I know of a scooby being flogged for 9K and the guy selling it flogs JDM cars. He suggests from his advertisement that he offers a quality warranty.

What he won't tell you is that the car has obviously had a big time accident. Fortunately you'd have to be blind not to see it. If you parted with cash for it I wonder how hard if at all it would be to get your money back.
Old 24 March 2007, 11:01 AM
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stevie boy
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is it a dealer or not??

Originally Posted by paulwrxboro
Mate is this a joke?

you have no chance getting any money back
i had my own car sales selling cheap cars and for that kinda money its the luck of the draw im afraid
unless you get a decent warenty when buying then forget it
the laws changed fella, a trader can no longer sell a car sold as seen, it has to be fit for the purpose. so it has to last what is deemed a fair amount of time which is ultimately up to a judge how long that is, dependant on age / price etc. although i might be wrong i think at least 3 months is a rough guide.


Originally Posted by paulwrxboro
ask yourself this if you sold a car and the bloke brought it back after 3 months how would you deal with it?
all imo of corse
thats different because he'd be selling it private, the laws different for private and trade sales. the only way you'd get anything back if it blew up the next day is if you can PROVE the private seller was aware of the fault and failed to tell you - rocket science anyone??

thats one of the reasons people are prepared too pay more from a dealer - come back

stevie
Old 24 March 2007, 01:29 PM
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chocolate_o_brian
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Originally Posted by stevie boy
is it a dealer or not??



the laws changed fella, a trader can no longer sell a car sold as seen, it has to be fit for the purpose. so it has to last what is deemed a fair amount of time which is ultimately up to a judge how long that is, dependant on age / price etc. although i might be wrong i think at least 3 months is a rough guide.




thats different because he'd be selling it private, the laws different for private and trade sales. the only way you'd get anything back if it blew up the next day is if you can PROVE the private seller was aware of the fault and failed to tell you - rocket science anyone??

thats one of the reasons people are prepared too pay more from a dealer - come back

stevie
yeah, really what he said to me regards the drive shaft was this.
after taking it to the independant garage when it snapped, he was told that it must have been twisted, and for a while too considering the damage. so that led me to remind him that when he bought the car, it had a fresh that week m.o.t. on it. he mentioned this to the garage and was again told that the twist in the driveshaft had been there longer than 3 months (when he bought the car) so when it "passed" said m.o.t. it was faulty then.

he did agree that the car was a cheap buy, but surely the people who did his m.o.t. should have spotted a faulty driveshaft, i assume they check this as one of their points on the list of things to check?

anywho hes obviously coughing up himself for the time being, but has told me hes taking it further regards the arseholes who sold him this car.

i originally said to him before he bought the car "go private unless your buying brand new, its cheaper and safe as long as you know what to look out for". he ended up buying his primera for the reason of supposed safeguard and protection from pieces of ****.

how wrong was he

andy
Old 24 March 2007, 03:50 PM
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Why not just buy a driveshaft and fit it, £750 sounds a lot for that unless its damaged other parts ?
Old 24 March 2007, 03:55 PM
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I swear they made twin turbo primeras!
Old 24 March 2007, 03:59 PM
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How do you "twist" a driveshaft???Especially with 190bhp??
Old 24 March 2007, 07:04 PM
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no idea. the way he explained it is that it was twisted. this may be innaccurate knowing his knowledge of cars. the driveshaft was fubered before he got the car, thats what he was trying to say basically lol.

jacko, i believe the shaft snapping may have damaged other parts. hes had the engine dropped out today and is having it extensivly checked over. think thats why its costing so much. plus as his car was a ltd ed. he cant find a driveshaft second hand to have reconditioned anywhere. hes tried various sources, with no success; so hes ended up going direct to nissan to get one.

i think he would be happy if the dodgy **** who sold him the car would stump up a percentage, but hes looking into various roads regards making a complaint. the garage is just a small town jobby, not franchised or a main dealer. still wouldnt expect him to get ripped off like this though imho.

andy
Old 24 March 2007, 07:30 PM
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Old second hand car, I wouldnt expect any assistance off the seller
Old 25 March 2007, 01:12 PM
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you do realise a use shaft would be £50 from abreakers and about an hour to fit?
Old 25 March 2007, 01:19 PM
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Andy, I like you, but your mate is a f*ckwit.

MoT
Old 25 March 2007, 04:36 PM
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chocolate_o_brian
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Originally Posted by Minitrue
Andy, I like you, but your mate is a f*ckwit.

MoT

i like me too, and yes, my mate is a ****wit lol. i know that, but hes never wrong in his eyes.
Old 25 March 2007, 04:37 PM
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chocolate_o_brian
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Originally Posted by apples24
you do realise a use shaft would be £50 from abreakers and about an hour to fit?
he said he cant find one, as its a special edition car. i do know there wasnt that many of his car made anyway, but id have thought he would find something. i think its a case of him needing the car back asap so...
Old 25 March 2007, 09:00 PM
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Originally Posted by stevie boy
is it a dealer or not??



the laws changed fella, a trader can no longer sell a car sold as seen, it has to be fit for the purpose. so it has to last what is deemed a fair amount of time which is ultimately up to a judge how long that is, dependant on age / price etc. although i might be wrong i think at least 3 months is a rough guide.




thats different because he'd be selling it private, the laws different for private and trade sales. the only way you'd get anything back if it blew up the next day is if you can PROVE the private seller was aware of the fault and failed to tell you - rocket science anyone??

thats one of the reasons people are prepared too pay more from a dealer - come back

stevie

sorry mate nothings changed he saidhe had the car three months he hasent got a leg to stand on
Old 26 March 2007, 02:01 PM
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stevie boy
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Originally Posted by paulwrxboro
sorry mate nothings changed he saidhe had the car three months he hasent got a leg to stand on
if you go down the legal route a judge could deem a car costing £1250 that is a effectively write off after 3 months is a little on the unfair side of things, so long as he's not been a frequent visitor too the moon in it in them 3 months! i'd say he's standing but only on one leg!


£1250 is a cheap car but not the cheapest you can buy from a dealer, a £200/300 lasting only 3 months fair enough, but a car costing 4/5 times that amount


stevie
Old 26 March 2007, 02:09 PM
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I had a silmilar situation (had car for 5 months) and it went to court ... we won. As Stevie boy states it has to be in a decent state of repair based on age and mileage. Also it must have 6 months warranty from a dealer, no if's and or buts. It's all on the trading standards website.
Old 26 March 2007, 02:13 PM
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Q1. I have just bought a new/second-hand car and am unhappy with it, what are my rights?
Under sale of goods legislation (Sale of Goods Act 1979) consumers are entitled to expect that any goods they buy are of satisfactory quality. That is, that the goods meet the standard that a reasonable person would regard as satisfactory taking into account the way they are described, their price, and any other relevant circumstances, such as the fact that they are second-hand or used.

Matters which should be considered in assessing whether goods are of a satisfactory quality are:

• whether they are fit for the purpose for which goods of that kind are commonly supplied, or fit for any other specified purpose;
• whether they are of satisfactory appearance and finish and free from any defects;
• whether they are safe and durable and as described.

If a product that was not of satisfactory quality at the time of the sale is returned to the retailer, the buyer is entitled to a full refund (if it is within a reasonable time of the sale), or, if a “reasonable time “ has elapsed, to a reasonable amount of compensation. The consumer needs to demonstrate the goods were not of satisfactory quality at the time of sale. This is so if the consumer chooses to request an immediate refund or compensation. It is also the case for any product returned more than six months after the date of sale.

There is one exception – this is where the consumer returns the goods in the first six months from the date of sale and requests a repair or replacement or a partial refund. In that case, the consumer does not have to prove the goods were faulty at the time of sale. It is assumed that they were. If the retailer does not agree, it is for the retailer to prove that the goods were satisfactory at the time of sale.

Any legal proceedings to enforce a claim must be started within 6 years of the date of sale.


http://www.dti.gov.uk/consumers/fact...page38071.html


stevie
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