Been sold a lemon

[nicholasjgroom]

Originally Posted by scr8pdo

Just on another note:

Those poxy sill guards are a nightmare

Best thing i've heard all day, thank god my mums v70 hasn't got them. and mines a v40

[banksy66]

Originally Posted by scr8pdo

Trust me on this, go and get your money back ASAP, unless the trader has sold you that car as a "trade sale" you have rights in that it isnt roadworthy, ok so the MOT tester may not have known as it was behind a sill cover, but I bet the trader knew exactly what was going on with that car, AFAIK, you have a 3 month period where you can take the car back, he has a right to sell you a roadworthy car which it clearly isnt, even me as a home trader has to abide by these rules and I have had to honour them various times, either given the money back or repaired or replaced parts.


Green = GRIEF!

1- Private individuals have Statutory Rights which neither the individual or a trader can ignore. The term "trade sale" only applies to sales to the trade, a private individual enjoys full rights whether or not those words appear on the invoice or anywhere else for that matter

2-There is no 3 month period. The dealer must be able to prove, for 6 months, that any defect which appears WAS NOT PRESENT AT TIME OF SALE. For example, if a clutch fails after 3 months and 3000 miles, it is easy to prove the fault wasn't there at point of sale because the car has done 3000 and it took 3 months for the clutch to fail

Not trying to get picky scr8pdo, just correcting a couple of misconceptions which many people believe

[Laney760]

First time I've heard of them but then it would be, the newest car I've ever owned being a 1994!

So which Volvos might have these sill guards on, S40, any others please?

[nicholasjgroom]

but it's safe to say the patch of rust (that i know about) has taken longer than 33 days i've had the car to form?

[nicholasjgroom]

Originally Posted by Laney760

First time I've heard of them but then it would be, the newest car I've ever owned being a 1994!

So which Volvos might have these sill guards on, S40, any others please?

i haven't seen them on another v40 just on mine (hmmm bit suspicious but could just be me) i'm guessing they could be aftermarket parts or optional extras or something along those lines

[timsmith2]

It pay's to be polite to anybody you want something from even if the law is on your side. As you have said the sill guards prevented the dealer or the tester from seeing the rust even if they knew full well it was there. Start from a friendly point and work up from there, it can save a lot of heart ache if dealt with amicably. Still go for a refund though!

Tim

[nicholasjgroom]

Originally Posted by timsmith2

It pay's to be polite to anybody you want something from even if the law is on your side. As you have said the sill guards prevented the dealer or the tester from seeing the rust even if they knew full well it was there. Start from a friendly point and work up from there, it can save a lot of heart ache if dealt with amicably. Still go for a refund though!

Tim

That's the plan, the person i've been dealing with (not the owner of the dealer_ seems really reasonable and is willing to listen to me.

[scr8pdo]

Originally Posted by banksy66

1- Private individuals have Statutory Rights which neither the individual or a trader can ignore. The term "trade sale" only applies to sales to the trade, a private individual enjoys full rights whether or not those words appear on the invoice or anywhere else for that matter

2-There is no 3 month period. The dealer must be able to prove, for 6 months, that any defect which appears WAS NOT PRESENT AT TIME OF SALE. For example, if a clutch fails after 3 months and 3000 miles, it is easy to prove the fault wasn't there at point of sale because the car has done 3000 and it took 3 months for the clutch to fail

Not trying to get picky scr8pdo, just correcting a couple of misconceptions which many people believe

Its been a while but I have had many customers quoting this and that to me over the years, I could legally sell a car as a trade sale or for scrap to someone and not have any come backs, when we had the shop, we actually had a rubber stamp that said something to the effect of "Any vehicle sold for 500 quid or less is deemed as scrap and no warranty applies" it was basically a way of selling a car without warranty, it had a place for the customer to sign as well so that they had agreed the terms.

I know that the law applies to me when I was trading as a trader and I thought it was a standard 3 months, as I say its been a while and I havent read up for some time so its 6 months eh?

I have always honoured any repairs in the past within reason, as you say about clutches, these surely cant be gauranteed, I replaced a clutch once 3 times in 6 months for an old boy, it was his driving that ruined the clutch, he would rev the nuts off his car and ride the clutch until you could smell the damn thing, this wasnt a car I had sold but a friend had and he asked me to do the work for him, but as for corrosion like the OP has, there is no excuse, that hasnt just happened over a couple of weeks.

Another thing that was pointed out to me when I started trading years back was that I couldnt write "Sold as seen" as a trader but after repairing some cars I could put in writing that I had repaired the car, the customer was happy or give a set refund on the understanding (in writing) that that was the end of it, as someone said, as a trader you have rights too, I have had sooo many people try it on as well, example:

I would sell a car for so much, a couple of days later I would get a phone call to the effect of "the car has broken down, its gonna cost 350 to get it fixed, can you send me the money so I can get it done" YEAH RIGHT! I would always ask them to bring the car back and I could inspect myself and repair it accordingly, most of the time you would never hear from them again, or they would say "Oh I have had it fixed now and want paying for the work done" Another tryer who thinks I was born yesterday, but there are plenty of genuine cases and after inspecting it myself I have repaired the problem, there have been far too many to list, but most of the time, I would make sure that the buyer was always happy before handing over the money, so they cant come back in a week because say the steering feels too heavy for them or it doesnt handle like their old car etc, if there isnt a real problem there, thats that

[961]

In my mind the problem is not with the sill but the amount of structural rust elsewhere on this car. You probably can't establish that yourself and it's not simply a matter of age or mileage. It could, for example, have lived near the seaside for some or most of its life

To my mind there is no such thing as an independent inspection arranged by the dealer that sold you the car. Who do you propose pays for it? Is he going to pick someone that will come up with a verdict in your favour?

If you want an independent inspection you need to arrange and pay for it yourself and start by taking advice about who should inspect the car

You need to reject this car now. If you allow the dealer to arrange an inspection he's probably going to offer to repair the sill. Will that fix the rest of any structural rust? No

And if you allow him to repair it, will you then be able to reject it?

Most unlikely

Reject it now

[nicholasjgroom]

just did the mot history check.

'Nearside front upper sill has SLIGHT corrosion (6.1.3)'