I bought a car privately from a Registered Motor Vehicle trader, he said it was his own personal car, will the Consumer Guarantee Act cover this type of situation!
kazbanz,
Mar 10, 4:57pm
What method did you use to buy the car! Auction or classified advert ! WHO sold the car The dealership or Joe Bloggswho happened to be a car dealer. I think if sold by Classified advert theres some factors. If the words MVT are used in the advert Id say full cover.If in fact the car has only recently been registered or was registered for the purpose of the sale then its a dodge to avoid CGA so again full cover. BUT heck a car dealer CAN own his own car so if he isn't selling it from the yard and has owned it a couple of years then I'd say hes a private seller like everyone else
mary-jane,
Mar 10, 7:14pm
Hi Kazbanz. The car was on auction and I viewed before auction finished, no one bid, so I bought the car after the auction finished. Looking at Carjam history, I would say he imported the car, owned it for a few months before listing on TM. The seller had another car on auction at the same time but in that auction he said " I'm aRegistered Motor Vehicle trader (and quoted his trader number), but this car is a private sale (my own car). Buy in Confidence. Those words were not on the auction for car I bought, and he told me he was selling it because he upgraded.
kazbanz,
Mar 10, 7:20pm
IMO -full cover under the CGA if theres a fault.-wasn't auction sold. Hes rmvt and he hasn't owned it long
curlcrown,
Mar 10, 7:22pm
Is there a problem with the car!
mary-jane,
Mar 10, 7:30pm
Thanks, no wasn't sold with auction as no one bid, yes he's rmvt, I can see when it was imported and I can see when he first advertised it on TM, so only a few months.
mary-jane,
Mar 10, 7:48pm
Yep sure is, I noticed a shuddering while driving at low speed (stuck in traffic on the motorway)within a week of owning it,tried to sort it myself after getting 4 opinions (Toyota, AA, my own mechanic and a trans specialist) as to what could be wrong, all suggested I needed to get the transmission serviced with new oil etc. so went ahead and did that, but problem still there. Next step - off to another Auto Trans specialist who suggested Torque converter problem, so did that last week, made little difference. I paid a lot of money for the car in the first place, got it AA checked, test drove it myself, but problem is only noticeable when driving constantly at low speed, so would not have been picked up when just test driving. So not sure where to go from here, any suggestions would be most appreciated. Thanks
tgray,
Mar 11, 6:35am
Despite his convenient little explanation to avoid legal responsibilities, it doesn't wash as far as the law is concerned. Poster, do not spend any more money trying and fix car, then claim costs, as the law doesn't allow that. You should call the motor vehicle disputes tribunal on 08003676838 for advise, with regards to the correct process to follow. Also tell them you were not issued a SIN form by the dealer. All the best.
kazbanz,
Mar 11, 6:56am
Mary Jane -what year/make/model is the car! Id be ringing MVDT and getting the forms sent out. BUT -given you are clearly trying to go down the path of the dealer paying for repairs then you MUST follow the correct procedure. The correct procedure being that you MUST offer the dealer the opertunity to repair the vehicle or refund your money.You cannot expect the dealer to pay for repairs carried out without his say so. NOT doing so means if you go the DT it will be tossed out. Have a look at this stuff--- http://www.justice.govt.nz/tribunals/motor-vehicle-disputes-tribunal It covers off what you have to do. Id be busy right now printing off his current advert and your advert as well as any others you can see --Ie print the trading history. The case will hinge on two things. First of course is there a case to answer -ie was he a dealer at the time and operating as a dealer at the time AND was this a dealership car being auctioned to avoid CGA comeback The second way he has out is if you havent followed the correct procedure
meathead_timaru,
Mar 11, 7:19am
Low speed light throttle shuddering doesn't sound like a transmission issue at all. More likely to be a misfire.
kazbanz,
Mar 11, 7:29am
hey mary Jane Im happy to offer honest advice herebut I do have to ask you a couple of questions. Don't answer if you don't want to butit does puzzzle me Why diddn't you go into a regular dealer and buy your car! That would have offered you full cover under the law and extended warranties etc would have been available. How much less than regular dealer price did you pay for the car! WHEN YOU BOUGHTthe car were you aware the chap was a dealer and did you buy it on that basis or did you buy from a private individual !
mary-jane,
Mar 11, 3:33pm
Hey thanks for all your advice, Kazbanz, no actually I had no intention of going down the path of dealer paying for repairs, I thought if I could fix the car myself I would be happy to leave it at that, but it would seem no one knows what's wrong with it and how to fix it. So my path was maybe get my money back and return the car and just suck up the money I have spent on it. The year/make/model is a 2007 Toyota Blade sportivo, never saw one in a car dealers yard and have never seen one on the road - which is why I bought this privately, it's nicer looking than the standard ones. When I bought it, I did see he had put the blurb on his other car auction (being registered etc), but that wasn't why I bought it from him, it was only recently that someone asked me the question about who I bought it from and when I said he was a registered motor vehicle trader, that's when I was told that maybe I was covered under the CGA. But I think he's covered himself by putting the car in his wifes name and he has not responded to me when I told him about the fault with the car. Yes he was registered at the time I bought the car and still is, I have printed off the page from the Companies office. So at the end of the day - I like the car and would like to keep it if I can get the fault sorted.
mary-jane,
Mar 11, 3:38pm
The car drives fine when accelerating up to speed, but if I am stuck in slow moving traffic, going say 30-40k/ph and I maintain the low speed, the shudder happens, but when I take my foot off the accelerator the shudder stops, then when I maintain low speed it's there until I accelerate further to speed up and the shudder stops. I would describe it like if you were driving a manual car in 5th gear on the motorway, then the traffic slows right down, if you didn't change down gears, the car would shudder to let you know to change gear. It's that feeling.
msigg,
Mar 11, 3:49pm
Yes I think alot of people on here would like to know how you get on eventually. If the car is in his wife's name , then she sold the car to you!, he just gave you the keys for a test drive. Best of luck, be good to know what is causing it.
kazbanz,
Mar 11, 3:53pm
Hey thank you for the candor- If I was the dealer concerned I would do the following. get the Air Flow meter cleaned out. Wash the Entire EFI out so its back to grey metal (fuel injection) Replace the spark plugs. Change the air filter. Disconnect the battery for half an hour or do whatever else is needed to reset all engine settings back to factory default. All of that should cost about an hours labour. I'd also be checking all the engine mounts for damage
mary-jane,
Mar 11, 6:47pm
Thanks, but not quite right, he sold the car under his TM account and i never saw the wife at all, only saw, spoke with and dealt with the seller (husband) - in fact he bought the car to me for a test drive. But yep I will keep on to get to the bottom of the problem
mary-jane,
Mar 11, 7:07pm
Thanks for your input, what does candor mean! I should change my thread to "what's wrong with my car". As this is the most frustrating thing - knowing there is something wrong and no one knowing what the problem is. I will however suggest what you have mentioned - geez it could be something simple.
phillip.weston,
Mar 11, 7:23pm
what is the car in question!
kazbanz,
Mar 12, 7:53am
It means I can't spell.
mary-jane,
Mar 12, 7:15pm
Details above in #12
mary-jane,
Mar 12, 7:17pm
So what's the correct spelling! you can send me a message via my classified - I'm curious
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