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xLUCKYx 
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Joined: 30 September 2007
Location: Waitakere
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 Topic: ripped off on trade me!!
Posted: 05 May 2009 at 10:39am |
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My Mum bought a car on tradme on Sunday and the listing said it was in excellent condition new WOF etc etc. She had it one day and it overheated so took it to mechanics and it has a thermostat problem $250, MIGHT need the head gas kit replaced $2500 and is a completely unwarrantable as the tyres are down to METAL! Not very clever on her part to buy without a proper inspection but still!! I really want to help her cos this really sucks and she can't afford to fix it at all... does she have a leg to stand on?
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fire_engine
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Joined: 03 November 2007
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Posted: 05 May 2009 at 10:44am |
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Did she go and see it? Unfortunately it is a thing of buyer beware (I've been burnt in a similar way). I would imagine she could complain to TM though?
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Mum to two wee boys
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xLUCKYx
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Posted: 05 May 2009 at 10:48am |
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Yes she did - she got the best impression from the family she bought it from and bought with confidence. It's a shame there are people out there that can knowingly rip people off. I guess she thought that since it passed it's warrent that it would be ok but she only found out afterwards that the wof was completely dodgy.
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MamaT
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Posted: 05 May 2009 at 10:56am |
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Can she report the people that gave the car a WOF?
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clover
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Posted: 05 May 2009 at 10:56am |
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Unfortunately I don't think she would have any come back. She could try contacting the seller privately and asking them to take the car back and refund her.
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GuestGuest
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Posted: 05 May 2009 at 11:14am |
Has she contacted the sellers about it? That would be the first step. They probably won't offer anything in way of compensation and she would have no grounds to force them to either (buyer beware) but it wouldn't hurt to discuss it. Unfortunately there is nothing else she can do apart from repair the car and learn from the experience!
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xLUCKYx
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Posted: 05 May 2009 at 11:30am |
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Yep contacted the seller - he even admitted to using different tyres to get the wof and changing them after (this is AFTER the purchase was made!!) and flatly refused refunding.
Well guess a valuable lesson will be learnt.. I have suggested she sell it on trademe as is - it is a reallly good car in all other respects.
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kebakat
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Posted: 05 May 2009 at 11:35am |
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Nope, I can't think of a better way of saying it but its her own fault for not getting it checked by a mechanic before buying it. It is also possible that at the time of the warrant it didn't have those issues and the previous owners h ave just thrashed the car or knew it was going to start having problems which is why they sold it on.
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emz
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Posted: 05 May 2009 at 11:41am |
Alyxw - if she has an email stating that the guy switched the tyres after the purchase then legally (I think anyway) she can report him. Those tyres legally belonged to her as they were part of the car purchase and if the warrant was part of the sale condition then she has every right to get her money back. She is still covered by law as far as I'm aware, as items need to fit description, purpose, be safe etc and if it was supposed to be newly warranted with those tyres, then that's what it should have been.
As for the other things - that's where an AA check or a mechanic friend comes in handy. Unfortunately it is just buyer beware in that regard. 
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WRXnKids
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Posted: 05 May 2009 at 1:49pm |
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we always check carjam.co.nz for discrepancies and dp is a mechanic so always check before we buy.
If more than just the tyres are the result of the failed warrant then the WOF officer can have his license taken off him unfortunately if the tyres are the only fail point then the warrant officer would say that the car was in warrantable condition when he inspected it and had no reason to believe the tyres didnt belong to the car. However if the photos of the car on trademe show the warn out tyres on it then she has no claim. Otherwise if the good tyres are on it then he would need to list in the ad that the tyres were not included in the sale.
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freckle
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Posted: 05 May 2009 at 1:51pm |
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That really does suck! what an awful thing to do.... I think your mum does have some comeback I have copied below a statement from the consumers act relating to private sales which I would suggest the trader was in breach of...
"Contractual Remedies Act
This Act gives you a right to be compensated where the seller made a representation about the goods to you which you relied on in your decision to enter the contract and the representation turned out to be misleading or false. If the representation is serious, you may have the right to cancel the sale. "
I suggest contacting the Ministry of Consumer Affairs to find out what to next...
Best of luck and I really hope they don't get away with it!!!!
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mum to 3 lovely girls :D
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_SMS_
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Posted: 05 May 2009 at 2:02pm |
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Im unsure if she can do anything but i would definitely be making a complaint to TM about the seller....
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clover
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Posted: 05 May 2009 at 2:04pm |
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Feckle is right; it looks like she could take him to the disputes tribunal:
The Disputes Tribunal
The general Disputes Tribunal can hear claims against traders, registered and unregistered motor vehicle traders, and private sellers. If your claim is against a registered motor vehicle trader you can choose whether to use the specialist MVDT or the Disputes Tribunal.
The Disputes Tribunal can hear disputes about:
faulty or defective vehicles - under the Consumer Guarantees Act or Sale of Goods Act
false or misleading statements about the vehicle – under the Fair Trading Act or the Contractual Remedies Act
money owing on the vehicle, or where the seller didn’t have the right to sell the vehicle
finance deals for vehicles - eg, problem with your hire purchase or loan agreement.
The Disputes Tribunal can deal with claims up to $7,500 (or up to $12,000 if both parties agree).
More information about the operation of the Disputes Tribunal and how to file a claim is available is the general Consumer Information section.
I think that would only relate to the tyres though, the head gasket isn't included in a WOF (I don't think?!?) so that would be a case of buyer beware...
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Thirdtime
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Posted: 05 May 2009 at 2:21pm |
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+1 Disputes tribunal, will only cost you $30 and add that to the amount you are claiming...
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linda
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Posted: 05 May 2009 at 4:48pm |
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I would definately say the car has been misrepresented, and the purchaser has good grounds to pursue a claim via the Disputes Tribunal.
Your mum should first of all write to the seller demanding her money back on the grounds that the vehicle was misrepresented when adverstised.
Good luck
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Alex 6 and Harry 8
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jem
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Posted: 05 May 2009 at 5:05pm |
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ummm i think i remember something on tv saying that if you buy a 2nd hand car privately and it doesn't last so many days you can get your money back.
the problem with selling it on trademe again is that she will lose alot of money. we just sold our car which needed a new head gasket since we couldn't afford the $2500 to fix it. our car was worth $4500 but we had to sell it for $400 in the end because we were honest and told them what was wrong with it. we could have easily sold it and they would have found out about it in a day or 2 like your mum has but we couldn't do that
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ripped off on trade me!!
