Consumer rights - car purchase

[martinz1000r]

Hi Mark, thanks for sharing. An update from my side. I called Citizen's Advice and in a situation as you described where you by from a "dealer" the law is 100% behind you and you can seek to return and full refund. Where you buy from a private seller there is less protection but the Sale of Goods act does provide a level of redress primarily under what they label as "description". This allows you to seek damages related to what was described and what was delivered. I have to seek this via the Small Claims Court. I have to give the seller 7 to 14 days notice of intent which I have done and then issue proceedings. I now have to make the decision whether to go down the Court route. I am confident that I would win but the advice was winning and getting paid are 2 different things. I am still dependant on the guy coughing up even with the Court on my side. I may have to go back to Court again to get a order to seize funds. This carrys cost and time. My notice to the seller expires tomorrow so I need to make the call on what next. Do I go for it or right off the potential loss associated with resale based on an honest description.

[Mark Stratton]

Hi Martin

I had the same sort of thing with my claim. Even though I knew I was totally in the right in that I had not received what I had paid for I had to accept the consequential losses of six months insurance and road tax or go through the court route. At that stage I just wanted my money back for the bike so I could look around for a decent one and get back on the road.

At the price of the small claims court proceedings it may be worth a punt just to see if you can at least scare him and let him know that you're not going to take lying down.

In my situation I just could not believe the attitude of the dealer and if he been more reasonable about the whole issue it could have been settled amicably. Unfortunately nowadays it seems that some sellers (be it private or so called reputable dealers) just do not have the same scruples as the rest of us and think it is okay to rip others off. I for one would certainly advise everyone to steer clear of Hunts Motorcycles.

Is the repair required something that could be done professionally at a reasonable price so you at least end up with a safe working vehicle?

[martinz1000r]

Mark, for the cost of the repairs I could go out and buy a decent car! it's not economically viable to repair (for me). I'm going after the guy for the difference between what I paid and it's true market value considering the bodged repair. About £1500. As you say, point of principle.

[Mark Stratton]

I wish you good luck Martin.

Hopefully once you start proceedings he will see sense and give you a refund.

[taylor88]

I worked for four years in a motorcycle repair shop in the 70's The man who owned the shop was known by his customers as Mick the Robber! Every receipt for second hand bikes he sold had the words 'Sold as Scrap' written on them. I remember one day answering the phone to a solicitor and he asked if we had a copy of the receipt for a particular sale. When he knew that the shop did have a copy he just hung up. so never buy if Sold as Scrap on receipt unless it is scrap coz there isn't any comeback.

[RUDDY]

Can't you still get sills from OPC?..
It wouldn't put me off if the rest of the car is ok.
Great cars as you say..i have had 6 of them over the years.

I know it's an old thread, and Kaz is still looking for a Porsche lol, great cars 944's but they do love rust in the sills, lower rear quarters and lower rear of front wings.

Up until recently only one side sill was available from Porsche, due to demand they have re pressed the other side now, not bad service for a car that's been out of production since 1991.

Here's my S2, my 4th, 67k miles from new ....rarely goes out.

[freddyz1r]

Can't you still get sills from OPC?..
It wouldn't put me off if the rest of the car is ok.
Great cars as you say..i have had 6 of them over the years.

I know it's an old thread, and Kaz is still looking for a Porsche lol, great cars 944's

and lives on a red carpet