td5 clutch, can this be done?

yes!! i sold car as new clutch fitted with copy of invoice,
it only just got to blackpool, 54 mile journey

discodrivercumbria said:

yes!! i sold car as new clutch fitted with copy of invoice,
it only just got to blackpool, 54 mile journey

Click to expand...

Look up these words . . .


CAVEAT EMPTOR


CharlesY

i`m certainly no expert on this, but it seems to me that you sold the car in good faith. even with an invoice for proof of work.
as charles y says.

we sell landys so if i sell a vehicle with a new clutch fitted and the customer reaches home and the clutch is no good .who is responsible?

yes! i know what you mean,
But it all boils down to "PRINCIPLES"
someone has originally ripped me off!!!
we run a Business ourselves, building firm
we see it all the time, people being ripped off
i just don't want to be tared with same brush really
i asked a garage to do a job, they didn't carry it through, so they need to be made to
live up to there mistakes! but not a mistake, they have known what they have done
been caught out, honesty is the best policy

I would get all the receipts for the original clutch you bought, the receipts for the 'work' done by Kendal LR and the receipts and a report from the garage who eventually fixed the clutch. Then contact Citizens Advice Bureau about how to go about claiming off the dodgy Kendal LR spot. You will have to reimburse the person who bought the Disco, but you should have a good case against Kendal LR and will be able to get compensation off them (at least a refund of the money you gave them, plus compensation for the parts they didn't fit). Don't let them fob you off, and threaten them with Trading Standards if necessary.

p.s. It could end up being a long fight but don't give in, we all need to stand up for our rights as consumers.

the guy that has fixed it is giving me a full report, parts breakdown in prices etc so all areas covered, he is also on a good garage scheme and does work for trading standards, so i think we are on track to get some response!!!
why people cannot do a good job at a fair price, then we wouldn't have any ****!!

you should also take pics of all the old parts that came off and keep them with all your documents of bills and receipts

If you are not a bona fide MOTOR TRADER, then CAVEAT EMPTOR applies.

It means "Let the buyer beware", and is a basic principle of English Law.

If you sold the car in good faith as seen, and as inspected (or not) by the buyer, then you have no responsibility for what happens to the car from the moment the deal is done.

Even in a short distance, you have no idea what abuse the car might have suffered, but that is irrelevant anyway as you are not responsible.

If you start to get involved now, what will the buyer discover neds fixed next?
A new gearbox and a couple of diffs? A rebore and pistons?

You are NOT a warranty guarantor - you are an individual who sold a well-used car "as seen", and it is COMPLETELY the buyer's responsibility to satisfy himself that what he is buying is what he wants, and the BUYER takes the risk if it isn't

That is why buying privately is (should be!) a lot less costly than buying from a dealer, who has to charge more to make a profit and to cover possible warranty jobs.

CharlesY,
I totally agree with what you say about CAVEAT EMPTOR... however it can get quite messy where a buyer buys something, whether through a private sale or through a dealer, based on information or 'receipts' for work done which prove to be false, as in this case. If the buyer has purchased the vehicle on the understanding that it has a full Landrover clutch and has been shown the 'receipts' to 'prove' this and it has turned out not to be the case, then it falls under the Consumer Credit Act. It is against the law to sell goods under false pretences, regardless of whether the seller is acting 'in honesty'. I have helped a friend who bought a Freelander privately 'sold as seen' with supposed receipts for a new cam belt and head gasket, when the engine went after less than 200 miles, it was discovered that the cam belt and head gasket hadn't been done at all. My friend got a full refund off the seller, but it took a hell of a fight (threatened legal action and small claims court, etc.). It pays to be honest, even if sometimes it costs.

Here is an excerpt from Adviceguide from Citizens Advice about buying second hand cars privately.

Quoted below:

The vehicle doesn't match its description
If you can show that the vehicle did not match the description the seller gave you, you will have a claim against them, even if the seller believed the description to be true. It will strengthen your claim if you have written proof of the false description, for example, a newspaper advertisement. A false description which was only made verbally and not in writing will be much harder to prove, unless someone else was present who can act as a witness.

If the seller said something about the car which proves not to be true, for example, if they said that the vehicle had a new clutch or one owner from new, you will also have a claim against them. However, if the seller described the vehicle as in good condition, it will be more difficult to complain as the vehicle’s age, make and mileage, and the price you paid all have to be taken into account. If the seller did not say anything at all about the vehicle, you will not be able to claim against the seller.

If the seller sold you the vehicle as having an MOT certificate when it didn't really have one, you will have a claim against the seller.

If you want to take action against the seller because they gave you a false description of the vehicle or said something about it that wasn't true, you will need proof that the seller did this at the time of sale. If you have delayed for more than a few weeks or have used the vehicle a lot, this may be almost impossible to prove. An independent report may be able to establish the condition of the vehicle at the time it was sold, but this can be expensive.

If you want to complain about the vehicle not matching its description or the seller telling you something about the vehicle that isn't true, you should complain in writing to the seller. Ask them for a refund or for the cost of any repairs, depending on what you want them to do. If this does not succeed, your only other option is to take the seller to court. However, you should bear in mind that it can be especially difficult to get any compensation from a private seller.

If you are considering taking the seller to court, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.

I've underlined and highlighted the section that's most relevant!!

As I said, honesty is always the best policy, and Discodrivercumbria you have a strong case against Kendal LR

i have to point out that the garage is not KENTDALE LANDROVER!!!
the garage trade as land rover spares!

don't want to be misleading, (if you know what i mean)