WRXnewcastle

iTrader: (1)

Hi, I have just got a second hand car audi a6 from a garage and the gearbox has gone after 9 days. I have contacted the garage about this and they said it was o.k when they sold it.said it is my problem!!! i have only had it 9 days and now stuck with a car that needs a new gearbox. can any one help or give advice on what i should do. i have phoned trading standars and said they will phone them but what if that dose not work!!

Thanks chris.

IN THE STICKS

Main Audi dealers or Aurthur Daily stlye car lot ?

WRXnewcastle

iTrader: (1)

from a car lot,

WRXnewcastle

iTrader: (1)

This is there web site /www.sunnisidemotorco.co.uk/

MikeCardiff

iTrader: (2)

Makes no difference if they were main dealer or small dealer ( unless you specifically bought it under trade terms ), its not your problem - tell them they have 48 hours to either refund you or arrange for repair before you take legal action, then get onto your solicitor or trading standards.

WRXnewcastle

iTrader: (1)

when i contacted them, he said i was sold the car from a car valitor that works there, so why would i get a sales invoice from the dealer, his livery stickers on it and it was sold from his pich he is trying to get out of the repair.

Dunk

iTrader: (1)

Who is your receipt made out from ?

D

WRXnewcastle

iTrader: (1)

The lad that sold me the car,

Dunk

iTrader: (1)

"The valet sold it" sounds like a handy cop out.
Thought you said the receipt was from the dealer (is it on headed paper )?
Have you got any advertising that shows them marketing the car you bought ?
(Autotrader, website print out etc.)
Does the V5 show the valet as the previous owner ?
If you didn't pay by cash, chq / draft / bacs made payable to ?
I'd still threaten legal action & see what the reaction is, the above would help establish who you've bought the car from if you decide to persue it.

D

WRXnewcastle

iTrader: (1)

It is on a used car invoice form, on the v5 he is not on it ,just the previous keeper a reverend!! i paid cash i have been on the phone and he said it is not his problem.. no advertising as it had "just come in". the car has the company livery on it such as tax disk holder with name on it.

mn_angrybeats

Have a word with trading standards ?

Pie_n_Chips

Sounds like you've been stiched up like a kipper

Get onto trading standards ASAP

Chip Sengravy

gareth1

First question is how much did it cost? over or under £5k?

If its under £5k you will not be able to recover Solicitors cost even if you are successfull but neither will you have to pay his if you loose!

Sale of Goods Act will apply if you bought it from the Dealer, and this Act says that goods including second hand goods should fit their description, be of satifactory quality and be reasonably fit for their purpose.

If you bought it from an "individual" the car only has to be as described - ie did they say it was in perfect working order etc?

If the car cost less then £5k go to the local county court and get a small claims pack with guidance leaflets etc and give it a go. You should consider naming two defendants ie the dealer and the individual if applicable. All you stand to loose is the court issue fee. If in doubt see a solicitor or citizens advice for help.

WRXnewcastle

iTrader: (1)

I have been to trading standards, his name is not on the v5 and it was sold on the pich and the cash was given in the office and i was issued as sales invoice. i have been told i will have to take hime to court, the car cost less than 5k what do you think my outcome would be if i take hime to court ?
thanks

jjones

fell for something very similar myself when i was a nipper. (also dodgy gearbox but on a 205 1.9 gti). all sold from the garage etc with signs and whatnot but the receipt was not on the garage headed paper.

luckily as i thought it was a garage i paid by cheque - which he did complain about but as i had driven 80 miles to buy the car and it was at a "forecourt" style official looking garage he reluctantly accepted it.

needless to say i cancelled the cheque and took the car back. i lost the £200 deposit tho and chasing him through the small claims court always resulted in "not known at this address" replies from his works address and home address.

if it were not for the cheque payment i would have been screwed.

Turbo Dave

I reckon we should all send the garage an email saying how discusted we are that he's ripped him off and tell him we will spread the word unless its sorted.

I feel so sorry for you as ive been had like this myself over the years

Gastro

Nightmare scenario.

Pursuing him legally is one course of action - but from what you say its not an open and shut case legally and you may go through many months of anxiety and still not win.......

If it was me - I'd bin the court idea, take it as a lesson learnt and go to the scrapper to get a recon gearbox and have it fitted... it may only cost you a few hundred to fix....

They are b@stards - but more often than not they operate like this because there are loop holes in the law....

Good luck,

Gastro

Luminous

iTrader: (3)

Go for the legal route, and get free advice from Trading Standards all the way.

It will only cost you £30, if you lose. Sounds like it is well worth a shot.

rizla06

The seller will prob apply the "caveat emptor" so I don't think you'll have much redress mate.

Luminous

iTrader: (3)

It was bought from a trader, so that should not apply. The fact that the invoice is on the trader's headed paper should suffice

Hopefully.

WRXnewcastle

iTrader: (1)

Well trading standards are going to pay em a visit. looks like i will just have to get it fixed myself. Will try the local paper as a last resort on Tuesday and see if they can help. Any ideas on where to get a cheap box from ??
Thanks.

Luminous

iTrader: (3)

You'll almost certainly have to get it fixed yourself from the sounds of things. However, you should claim those costs back from him.

Make sure you get invoices for all the costs you incurr. That includes travel, phone calls, everything. Keep them in a file, and if Trading Standards give you the nod, take him to court.

Wish

iTrader: (2)

Local paper wont help mate, as he proberbly spends £££ with them advertising.

I would leave it 6 months then buy yourself a big Water pistol and fill it with paint stripper. And then go have yourself some fun !

WRXnewcastle

iTrader: (1)

sounds like a good idea, will have to dress like a chav with a hat or somthing...
Thanks for all your help and ideas.

NotoriousREV

Hire the tallest crane you can afford and drop your car from the highest point right onto his most expensive stock. Remember to say "oops" as it falls, just so he knows it was an accident.

Fuchsrohre

WRXnewcastle, you have a private message.