Akposodje Posted August 30, 2012 Share Posted August 30, 2012 I purchased a used car a week ago. A deal was agreed on the part ex of my Fiesta. At this point the garage started my fiesta, gave it some revs and looked under the bonnet. When I then went to collect my new car last week they checked the Fiesta and said there was a warning light on and there could be a problem. The garage have now phoned saying there is a problem and either want money to fix the issue or return the Fiesta and take my new car back. I am sure they took the part ex car at their risk and surely if they had an issue at the point the warning light was noticed could have cancelled the deal there and then? Am I within my rights to politely tell them to go away and it is there issue or do they have a comeback against me ? Any advice appreciated. Thanks Link to comment Share on other sites More sharing options...
truman Posted August 30, 2012 Share Posted August 30, 2012 I'm no expert but I would have thought that as the garage are supposed to be then it's their problem now..they could have altered the p/ex payment once they saw the light was on... Link to comment Share on other sites More sharing options...
SnailyBoy Posted August 30, 2012 Share Posted August 30, 2012 It's obvious they're trying to cover their losses on the P/X. Unfortunately for the garage I'm assuming they didn't make it clear that the deal was conditional on the delivery condition of the Fiesta, after all they let you drive away in the other car. So in theory they don't have a leg to stand on. I suppose the only recourse for the garage would be the Small Claims Court, but what are they going to say "We took this car in P/X but later found there was a fault and the original owner won't pay for it"? I doubt if that will get them anywhere. You could just give them the old "Sold as Seen" as effectively you're a private seller. This is all opinion of course and should in no way be classed as legal advice. Link to comment Share on other sites More sharing options...
PeteMorris Posted August 30, 2012 Share Posted August 30, 2012 Again I'm no expert, but I'd tell them to go and whistle. However, lets hope nothing radical goes wrong with your new car, as they'll probably say the same! But in all seriousness. If the sale was conditional upon the mechanical viability of your px car, how on earth would this be expressed in any contract? My guess is that it couldn't Link to comment Share on other sites More sharing options...
alchresearch Posted August 30, 2012 Share Posted August 30, 2012 The garage should have checked the PX car a second time before the handover was done. Link to comment Share on other sites More sharing options...
Convict Edd Posted August 30, 2012 Share Posted August 30, 2012 I purchased a used car a week ago. A deal was agreed on the part ex of my Fiesta. At this point the garage started my fiesta, gave it some revs and looked under the bonnet. When I then went to collect my new car last week they checked the Fiesta and said there was a warning light on and there could be a problem. The garage have now phoned saying there is a problem and either want money to fix the issue or return the Fiesta and take my new car back. I am sure they took the part ex car at their risk and surely if they had an issue at the point the warning light was noticed could have cancelled the deal there and then? Am I within my rights to politely tell them to go away and it is there issue or do they have a comeback against me ? Any advice appreciated. Thanks This place on Penistone road by any chance? Link to comment Share on other sites More sharing options...
Akposodje Posted August 30, 2012 Author Share Posted August 30, 2012 This place on Penistone road by any chance? No not Penistone Road this time. Bad experience ?? Link to comment Share on other sites More sharing options...
ANGELFIRE1 Posted August 30, 2012 Share Posted August 30, 2012 Akposodje, The garage who took your motor has no comeback. They should have the expirience to know what they are buying/trading in or whatever. You as a layman have traded your motor in good faith, end of. The law would laugh if this garage tried to persue you for brass, ignore them. Angel. Link to comment Share on other sites More sharing options...
Allen Posted August 31, 2012 Share Posted August 31, 2012 Don't loose any sleep over it. They inspected your car and the deal was struck. Ignore them. Link to comment Share on other sites More sharing options...
denlin Posted August 31, 2012 Share Posted August 31, 2012 It's not on Attercliffe common is it? Link to comment Share on other sites More sharing options...
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