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Old 11 May 2010, 18:01   #41
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fully agree with the civil bit, fitness for purpose has to take into consideration the age and mileage of the vehicle-however if the ad contains a false trade description, then you may have a criminal matter-but only if there is a false TD or the vehicle has been clocked.
If his name is not in the V5 then it simply points to him being a trader
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Old 15 May 2010, 07:55   #42
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So, what happened?

Any conclusion?
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Old 15 May 2010, 16:46   #43
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How does fitness for purpose apply to a second hand car? Surely no trader will have had any control over the maintenance of the vehicle and therefore cannot be expected to vouch for its reliability. I understand if it was brand new straight out of the factory.
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Old 17 May 2010, 01:52   #44
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So, what happened?

Any conclusion?
As predicted this is going to take a while to resolve! I offered the seller three options:
1. I return the car to him and he gives me a refund
2: I return the car to him and he gets it fixed
3: I get the car fixed and he pays for it

Again, as predicted he wasn't too keen on any of those. I am therefore getting the car fixed (placement engine, rad and a few other little bits 1500 inc labour) and intend to take him through the small claims court to see what I can get back. If I get no-where I will at least have the satisfaction that I did at least try!
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Old 17 May 2010, 08:40   #45
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Tim,

Although none of those options are desirable to the seller, the small claims court probably won't see you any better off (apart from as a threat to get him to pay something). The small claims courts may work to a compromise and I'd guess they might not agree to the whole bill. Youthen have the hassle of actually collecting.

He hasn't said 'no' completely, so I'd work on negotiating with him to maximise what he will contribute. Once you've agreed that (in writing) then you have something solid to wave around in court rather than "here's my bill and I want him to pay it".

Good luck.
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Old 18 May 2010, 17:08   #46
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Old 18 May 2010, 18:20   #47
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Chameleon?
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Old 18 May 2010, 18:23   #48
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Karma ?
noe. a lanrowver discuvvery.


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Old 18 May 2010, 18:25   #49
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It could be a vindaloo of course.
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Old 18 May 2010, 19:54   #50
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I couldn't agree more
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