It doesn't sound good. If the starter won't turn the engine over although the battery is fine (are you 100% sure the battery is ok?) then I would suspect fairly serious mechanical damage to the engine. Probably not a gearbox problem is my intuition.
Failed cambelt sounds plausible. Broken rod, possibly. Pure speculation and I hope I'm wrong.
I got to agree with the other and suggest to pursue them in the courts. If the warning lights have been disabled then that would suggest that problems were being hidden from you. If the seller was on the level, he would be trying to find a solution.
Call the trading standards local to him and tell them that you want to know what complaints have been made against him. Make sure you say that you are entitled to know under the freedom of information act.
Ripped Off?!
Daytona RS6 C5 Avant. Viper'd, Billies, Waggers, MTM box brain, C6 stoppers, xcarlink, R8 coolant cap (woohoo)
///M3 E46 | XC90 (V8, natch) | Passat GTE | RR Classic V8 flapper
"The major difference between a thing that might go wrong and a thing that cannot possibly go wrong is that when a thing that cannot possibly go wrong goes wrong it usually turns out to be impossible to get at and repair."
///M3 E46 | XC90 (V8, natch) | Passat GTE | RR Classic V8 flapper
"The major difference between a thing that might go wrong and a thing that cannot possibly go wrong is that when a thing that cannot possibly go wrong goes wrong it usually turns out to be impossible to get at and repair."
Have a look at this web page, it outlines your consumer rights in this situation:
http://www.direct.gov.uk/en/Governmentc ... /DG_183047
The key paragraph under trade sales is:
The car should also be reasonably fit for any normal purpose, which means it should get you from one place to another. The car should also be reasonably fit for any other purpose you specify to the seller, for example, towing a caravan.
If you have a fault within the first 6 months that goes against the above, then it is up to the seller to prove that fault was not present when the vehicle was sold. After 6 months, it is up to the purchaser. I used the above when DRC failed on my RS6 5 months after purchasing and Audi refused to honour the extended warranty - I forced the dealership to stump up the costs by threatening with small claims court proceedings.
Hope that helps.
http://www.direct.gov.uk/en/Governmentc ... /DG_183047
The key paragraph under trade sales is:
The car should also be reasonably fit for any normal purpose, which means it should get you from one place to another. The car should also be reasonably fit for any other purpose you specify to the seller, for example, towing a caravan.
If you have a fault within the first 6 months that goes against the above, then it is up to the seller to prove that fault was not present when the vehicle was sold. After 6 months, it is up to the purchaser. I used the above when DRC failed on my RS6 5 months after purchasing and Audi refused to honour the extended warranty - I forced the dealership to stump up the costs by threatening with small claims court proceedings.
Hope that helps.
Thank you very much, i'll get reading it now and it sounds like it will help me out 
Well the car will be going to Unit 20 for them to look over it and tell me what the problems are. I'm in the middle of writing a letter to the seller with a complaint which i'll keep a copy of and send it recorded delivery too. I have also got in touch with trading standards and reported him for what he has done to me with the RS6 and then also what he had done with the car I traded in which was advertised it with 1 owner from new and 30,000 miles which I handed it over to him on approx. 39k but have no proof of this but i do have proof from the garage i bought it from as they keep records of everything (inc. different mileages of every time it were taken out for test drives etc) and i bought it from them with approx 34k (they've told me the exact mileage it had when I finally picked it up) and also they have records showing that I were the 3rd owner.
Thanks everyone for your help, especially Grizz!
Well the car will be going to Unit 20 for them to look over it and tell me what the problems are. I'm in the middle of writing a letter to the seller with a complaint which i'll keep a copy of and send it recorded delivery too. I have also got in touch with trading standards and reported him for what he has done to me with the RS6 and then also what he had done with the car I traded in which was advertised it with 1 owner from new and 30,000 miles which I handed it over to him on approx. 39k but have no proof of this but i do have proof from the garage i bought it from as they keep records of everything (inc. different mileages of every time it were taken out for test drives etc) and i bought it from them with approx 34k (they've told me the exact mileage it had when I finally picked it up) and also they have records showing that I were the 3rd owner.
Thanks everyone for your help, especially Grizz!
-
Coxall8395
- 3rd Gear
- Posts: 374
- Joined: Wed May 26, 2010 12:28 am
Sounds like a satisfactory quality/fitness for purpose argument. No seller acting in the course of a business can exclude implied terms as to the above. If he tries to they are unlikely to be enforceable terms. I would submit that the cheaper and older a vehicle, the less that it will be implied to be perfect in all respects but nevertheless serious malfunction almost immediately will rarely be forgiven by the civil courts and even more so where it was known before. Speak to the previous owner?
The question is how to gain satisfaction:
1. Rejection of the contract due to fundamental failure of the contract due to breach of implied terms and seeking restitution to the pre-contract position - fairly difficult, if your previous car has gone or the faults are potentially serious but presently unknown.
2. Damages for breach - this is effectively what you have to spend to put you in the position that you would have been expected to be in had it not been for the breach. The problem with damages for breach is that you have to suffer some loss. This means that the car being defunct is not enough. It may well persuade him that he has to repair it (would you trust him) or that he must pay for repairs. Your loss is actually what you pay to put the matter right. So if he wont pay/remedy you have to shell out and then claim that amount (plus interest) back from him in the civil action. If he is a sole trader then check what assets he has before suing. He could easily shut up shop so try to find out where he lives (voters check etc). Check the Land Registry as to whether he owns his house. At least then you can latch onto that if you win in court.
If he is a limited company more problematic if he shuts up as you are strictly suing the company and if it folds you become an unsecured creditor. Find out about him/the company. Is he a director/shareholder? Is he banned from acting as a director - criminal offence. If it is a company do an online Company Search to find out more about him.
Find as much out as you can in case he goes to ground. It does happen, I know, I have been there.
Best of luck.
The question is how to gain satisfaction:
1. Rejection of the contract due to fundamental failure of the contract due to breach of implied terms and seeking restitution to the pre-contract position - fairly difficult, if your previous car has gone or the faults are potentially serious but presently unknown.
2. Damages for breach - this is effectively what you have to spend to put you in the position that you would have been expected to be in had it not been for the breach. The problem with damages for breach is that you have to suffer some loss. This means that the car being defunct is not enough. It may well persuade him that he has to repair it (would you trust him) or that he must pay for repairs. Your loss is actually what you pay to put the matter right. So if he wont pay/remedy you have to shell out and then claim that amount (plus interest) back from him in the civil action. If he is a sole trader then check what assets he has before suing. He could easily shut up shop so try to find out where he lives (voters check etc). Check the Land Registry as to whether he owns his house. At least then you can latch onto that if you win in court.
If he is a limited company more problematic if he shuts up as you are strictly suing the company and if it folds you become an unsecured creditor. Find out about him/the company. Is he a director/shareholder? Is he banned from acting as a director - criminal offence. If it is a company do an online Company Search to find out more about him.
Find as much out as you can in case he goes to ground. It does happen, I know, I have been there.
Best of luck.
Karl, you're doing everything right and you have the law firmly on your side provided the dealer failed to notify you of any problems before selling. Grizz will give you an accurate appraisal of the health of your car, which you can send to the dealer in a letter further requesting action. Do NOT carry out any repairs until you have given the dealer an opportunity to fix it himself. In brief, do the following:
1: write to the dealer explaining why you are unhappy and what you expect to address your complaint. (done)
2: contact trading standards (done)
3: get 3rd party appraisal (in process)
4: write again giving details of EVERYTHING you are not happy with, even if it seems irrelevant at this stage. You can use it as leverage in any subsequent compromise agreement. Give the dealer two weeks and clearly state a date when he must respond. If he doesn't, then reserve the right to take further action with no notification to him.
5: if no response then contact a litigation lawyer and give all the details to them. Ask the lawyer to write a 'letter of intent to prosecute'.
6: decide (with legal advice) whether to do one of the following;
(a) demand your money back in full, and your TT (or cash equivalent) plus costs, or
(b) a fully repaired RS6 and given a clean bill of health by Grizz, or
(c) do all the repairs yourself and claim the full costs from the dealer (high risk option), or
(d) get some forum members or some of your regiment to go round and have loud words with the bastard!
If he doesn't respond to any of the above it gives you another advantage, and if he has sold you dangerous goods (rather than just faulty) then he has committed a criminal offence which is possibly jail time.
Remember, everything in in your favour and document all interaction. You'll hammer him so hard he won't rip anyone off again in a hurry, especially a war veteran who has given a limb for our benefit!
1: write to the dealer explaining why you are unhappy and what you expect to address your complaint. (done)
2: contact trading standards (done)
3: get 3rd party appraisal (in process)
4: write again giving details of EVERYTHING you are not happy with, even if it seems irrelevant at this stage. You can use it as leverage in any subsequent compromise agreement. Give the dealer two weeks and clearly state a date when he must respond. If he doesn't, then reserve the right to take further action with no notification to him.
5: if no response then contact a litigation lawyer and give all the details to them. Ask the lawyer to write a 'letter of intent to prosecute'.
6: decide (with legal advice) whether to do one of the following;
(a) demand your money back in full, and your TT (or cash equivalent) plus costs, or
(b) a fully repaired RS6 and given a clean bill of health by Grizz, or
(c) do all the repairs yourself and claim the full costs from the dealer (high risk option), or
(d) get some forum members or some of your regiment to go round and have loud words with the bastard!
If he doesn't respond to any of the above it gives you another advantage, and if he has sold you dangerous goods (rather than just faulty) then he has committed a criminal offence which is possibly jail time.
Remember, everything in in your favour and document all interaction. You'll hammer him so hard he won't rip anyone off again in a hurry, especially a war veteran who has given a limb for our benefit!
C5 RS6 Avant. Muggle Blue, Black leather, PSS9s, Hotchkiss ARBs, Grizz's BIG brake kit, Phaeton cooling ducts.
KarlB wrote:Thank you very much, i'll get reading it now and it sounds like it will help me out
Well the car will be going to Unit 20 for them to look over it and tell me what the problems are. I'm in the middle of writing a letter to the seller with a complaint which i'll keep a copy of and send it recorded delivery too. I have also got in touch with trading standards and reported him for what he has done to me with the RS6 and then also what he had done with the car I traded in which was advertised it with 1 owner from new and 30,000 miles which I handed it over to him on approx. 39k but have no proof of this but i do have proof from the garage i bought it from as they keep records of everything (inc. different mileages of every time it were taken out for test drives etc) and i bought it from them with approx 34k (they've told me the exact mileage it had when I finally picked it up) and also they have records showing that I were the 3rd owner.
Thanks everyone for your help, especially Grizz!
A good 1st call would be trading standards to place a complaint which I would do ASAP
Cheers Welky Well i'll be following all the advise from off here and i'm glad I found the forum, joined and posted this topic on here.
Don't worry Amanda, reported him to trading standards today and also searched for the company and cannot find the company name so from what i understand... it just means he's not registered as a limited company so it's not as easy for him to fold his business and avoid paying up
Well i'll be following all the advise from off here and i'm glad I found the forum, joined and posted this topic on here.Don't worry Amanda, reported him to trading standards today and also searched for the company and cannot find the company name so from what i understand... it just means he's not registered as a limited company so it's not as easy for him to fold his business and avoid paying up
He changed the company name recently, was called Shipley car and van centre.KarlB wrote:Cheers Welky
Don't worry Amanda, reported him to trading standards today and also searched for the company and cannot find the company name so from what i understand... it just means he's not registered as a limited company so it's not as easy for him to fold his business and avoid paying up
It's a barge Welky, a barge. Or, in Mooch's case, a turbo hedge.Welky wrote:Welcome on board mate! We laugh, we cry, because in the end we're all in the same two-tonne boat!
Hang in there Karl, it may seem like a PITA right now but at the end of all of this, you'll have another life-skill.
RS6 ownership is not always easy but it is very interesting.
No matter where you go, there you are.