Mis-sold a trailer :-(

neverenoughtea

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Hi all, after a bit of advice. After 5 years of begging and borrowing lifts from great friends the day came when I managed to save up to buy the car, tow bar and trailer! I spotted a 1994 Ifor Williams 401 on Gumtree and Facebook, only 50 miles away, advertised at £1,200. Advert stated that it had a new floor and electrics in good working order. I arranged a viewing and went to see it the following weekend. The lady seemed lovely, very open and managed to answer all the questions I had for her. I was slightly concerned about its age but she told my husband and I that it had had a service last November, had been in regular use by herself and had new tyres all round. She said that when the floor was replaced (alloy) 18 months ago the struts and springs were also replaced. I went home, had a think about it and offered her £900 (there was some minor work to be done, including fitting a new vent, new rubber seals and some replacement of pins). I paid her a £200 deposit to hold it for us.

We went to pick up the trailer the next weekend, she was out but her husband was there to help us hitch up and show us how it worked. He seemed pretty knowledgeable about trailers, having one himself for transporting his motorcross bikes. We paid the remaining £700 into his account via bank transfer. Hindsight is a great thing, and in my excitement I forgot to ask for the service documents.

On the way home one of the tyres blew out. I couldn't get it off as it had a locking nut and I had no key. I called the seller, who told me she didn't know anything about a locking nut but would ask the previous owner. In the meantime I limped it over to a local mechanic (who services all of the boxes on our yard). I also emailed the seller asking her to send me the service documents.

Lo and behold, the mechanic removed all the wheels and the brakes are totally shot. That, and all of the tyres are cracked beyond safe use. The cost to make the repairs is coming in over £1,200. The seller didn't reply to my request for service documents and actually ended up blocking my phone number. I had her husband's phone number, but also found out he had blocked my calls. Finally I managed to get through on my husband's phone, and the seller said that her phone had had trouble receiving some calls...

Long story short, she said she would have to have a think about it when I said I wanted to return the trailer as it wasn't what was advertised and what I had agreed to buy (turns out there are no service papers, her friend a mechanic looked at it in November but undertook no work). She was not willing to give me his name or number to ask his advice. Her husband immediately called me after she hung up on me, and demanded to speak to my husband. He became quite aggressive and confrontational and stated that there was no chance they would be having it back, contributing to any of the costs or refunding us.

I've spoken to Citizen's Advice who think that I have a case for the Small Claims Court under the Sales of Goods Act 1979 as the trailer was sold as fit for purpose and roadworthy (which it clearly is not).

Has anyone been through anything similar? I know the whole 'buyer beware' but surely some element of trust and believing what people say should stand for something? Or maybe not :-(

Any advice ahead of my meeting with Citizen's Advice tomorrow would be hugely appreciated.
 
What's the other work it needs? Tyres and brakes are not £1200. I would expect to do tyres and brakes on any new vehicle I buy, they are perishable.

You knew it needed work, hence the price. I would only be miffed if there was something blatant and structural - for example they told you it had a new alloy floor, and is actually a rotten wooden one. However that would be up to you to check.
 
You could try small claims court but as my cousin - who is a solicitor - told me 'the law and justice are not always the same thing'. With her help I took my ex-lodger to small claims, won my case but never saw a penny.

I'm afraid I would chalk it up to experience.
 
wouldn't the onus be on you to check the tyres? They are easily visible when you went to see them. I wouldn't have expected the sellers to have put new tyres on. The tyres wouldn't bother me at all.

As regards the brakes, the owners probably wouldn't have known they were going to go. I would have thought the onus was on you to bring a mechanic to check those kind of details if you weren't willing to take a risk.

I bought a jeep off a guy and the clutch went very soon after, I wouldn't have thought of ringing him back.

If you buy second hand and cheap off private sellers, these are the risks you take. Boxes can have issues the sellers aren't aware off sometimes. If they had lied about the floors etc I'd be annoyed, but they never mentioned brakes or tyres being new.
 
It is quite easy for tyres to perish in a very short time.........I know when mine were last replaced new and they do need doing again in not such a long space of time.

Brakes, again depending on use can rot out fast, it was up to you as the buyer to check these things before parting with money, whilst I do appreciate it sounds like the sellers have not been entirely honest, your quotation for repairs for £1200 sounds rather high.

You can get tyres done yourself and indeed if husband has ANY mechanical knowledge parts can be ordered and fitted, it is not hard at all.

You could go small claims, personally I would notch it up to experience and look more carefully and get paperwork first next time...although paperwork can be fake too!!
 
Sorry guys but I think you are all wrong - the issue is that the seller lied and misrepresented the goods. So long as OP has a witness to all of those statements, and an experts report disproving them, she has a case. And as long as we all go "Oh, it's not clear cut, you might not win, you should have investigated more" etc etc etc these fraudulent sellers will continue to rip people off. Small claims court is there to stop these people, and often, just the court summons is enough for them to see sense. Good luck OP - go for it and I hope you get your money back.
 
Tyres in particular on horseboxes are more likely to perish than wear down due to horseboxes being used infrequently, people look at the tread and think they are ok but its something that you should assume needs attention especially if the box clearly isn't a much loved used often one

The thing to ask is that in your excitement (and not knocking you for that, I squealed and threw money at the people who sold me my box) had they admitted that the service wasn't documented would you still have bought the trailer? I suspect the answer would be yes

You saved £300 on the purchase price which in itself wasn't an outlandish price, brakes and tyres will be more than this but I doubt the costs would reach the predicted £1200

Unless you can prove somehow that the people were in the vehicle selling business I doubt you'd have a comeback

Had it been the floor then yes I would have totally seen you point but tyres and brakes have a shelf life

A similar thing happened to me when I had to spend basically the purchase price rectifying a box I bought, the way I softened the blow was to say 'well I have managed 37 years without a box and I can manage another 6 months while I save up and get the work done'
 
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£900 for a 401 with alloy floor? I'd just replace the tyres and brakes then laugh at my good fortune. Though I wouldn't go for a rip off garage that charges £1200 for the work.
 
I would expect any trailer I bought at that price to need new brakes and tyres unless I had seen receipts to show they had need done fairly recently .
Why on earth did you leave with out the locking wheel nut and without seeing the paper work you wanted to see you have to look after yourself in this life .

ETA I can see how new braking system and five new tyres come to the £1200.
 
£900 for a 401 with alloy floor? I'd just replace the tyres and brakes then laugh at my good fortune. Though I wouldn't go for a rip off garage that charges £1200 for the work.

^ This.

You are being ripped off buy the garage by the sounds of it, not the seller!
 
I had new brakes on my ifor 510 and it cost me under £200 - and tyres arent that expensive. I think you are being ripped off by the garage
 
Sorry guys but I think you are all wrong - the issue is that the seller lied and misrepresented the goods. So long as OP has a witness to all of those statements, and an experts report disproving them, she has a case. And as long as we all go "Oh, it's not clear cut, you might not win, you should have investigated more" etc etc etc these fraudulent sellers will continue to rip people off. Small claims court is there to stop these people, and often, just the court summons is enough for them to see sense. Good luck OP - go for it and I hope you get your money back.

this, small claims court and once you have sent them the 1st letter with evidence from your mechanic they may well back down before it goes to court. with the evidence you hold win. do you have the advert stating the condition they said it was in?
 
With ANY vehicle not risks should be taken on tyres or brakes. Brakes are sometimes harder to have a look at when viewing however tyres aren't, if in doubt replace them if you're happy with everything else.

Advice also, next time you buy a vehicle of any time either take someone who has a genuine interest in cars and knows how they run.. in other words maybe a DIY Dad. ;) Not just someone who knows the brand and the price tag. If you don't have the knowledge then you're setting yourself up for a fall. Take a mechanic if need be.

You can easily put the tyres on yourself but you'll need to get the garage to " " (word has gone out of my head) them.
 
£900 for a 401 with alloy floor? I'd just replace the tyres and brakes then laugh at my good fortune. Though I wouldn't go for a rip off garage that charges £1200 for the work.

this was my thought too, what on earth are the tyres and brakes made of for that!?
 
You can easily put the tyres on yourself but you'll need to get the garage to " " (word has gone out of my head) them.

You really cannot "easily" put new tyres on, it take an enormous amount of brute force to break the seal on a wheel. That's why tyre shops have their big tyre fitting machine. I think the word you're looking for is balance but take the trailer to a tyre shop and buy commercial grade tyres. I bought 4 tyres a lot bigger than the IW 13" tyres and they were £200 all in.

The word "tyre" now looks totally wrong.
 
Just had a look a new braking system cost just short of £700for my old 510 but we did reuse some parts
OP when you replace the tyres make sure you get the correct ones I had tyre places try to sell me car tyres in the past that are not the correct ones for IW .
 
The seller misrepresented the goods that they were selling and you therefore have a case. If you take them to the small claims court and get a judgment it will mean that a property search on their property/name search will result in them being associated with a bad debt.
Get the tyres checked out to see if they are genuine trailer tyres as many people have normal car tyres fitted to them which is very dangerous. A commercial tyre fitter will be able to tell you. Normal tyres have a recommended pressure inflation of about 30 p.s.i. where as commercial tyres are about 80 p.s.i.
 
You really cannot "easily" put new tyres on, it take an enormous amount of brute force to break the seal on a wheel. That's why tyre shops have their big tyre fitting machine. I think the word you're looking for is balance but take the trailer to a tyre shop and buy commercial grade tyres. I bought 4 tyres a lot bigger than the IW 13" tyres and they were £200 all in.

The word "tyre" now looks totally wrong.

Indeed is does. :D

Maybe 'easily' was the wrong word. However it can and is done by a human regularly in my family. I guess you need a fair amount of vehicle knowledge to do it on your own.

I would say shop around for quotes and good, trusted garages.
 
I've not long bought 4 new tyres for my 510. They were £45 each including fitting from a local tyre place. Trailer servicing place quoted me £60 each. Either way, far from the £1200 your garage is quoting even with work to the brakes, especially if the tyres are off anyway - seeing to the brakes won't be that much more in terms of labour and parts. I'd get a second quote for the work.

Where are you based? Maybe somebody on here can recommend somebody reputable and reliable?
 
I have to agree with this - 401s are good trailers; they hold their value and are hard to come by. I've seen them advertised for well in excess of £2.5k. I would've snapped it up for £900 and been prepared for fork out for issues.

In fact, I have a friend who might be interested in taking it off your hands if you'd rather just get the £900 back :)
 
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I don't see how the trailer was misrepresented... the buyer should have got paperwork and they chose not to

Anyone can 'service' a car or a trailer - the degree to which that is done depends on their skill, there may be no documentation for the most thorough of services

People's percepton of what a 'new' tyre is are different, they may have done no more than 15 miles since new but may have been sat in direct sunshine for months since, the owner may be of the opinion that lots of tread = new

The floor, springs etc that they said have definitely been replaced don't seem to be in query here so it seems they were honest there

Personally if you aren't likely to find the same trailer again I wouldn't shoot myself in the foot. You could spend say £600 sorting this one out or pay £1800 for another and have to replace the tyres on that one in six months time anyway (amounts are examples)
 
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I have to agree with this - 401s are good trailers; they hold their value and are hard to come by. I've seen them advertised for well in excess of £2.5k. I would've snapped it up for £900 and been prepared for fork out for issues.

In fact, I have a friend who might be interested in taking it off your hands if you'd rather just get the £900 back :)

Join the queue!
 
I don't know much about these things legally but I would be very annoyed about being lied to. My way of thinking is you were miss sold the trailer and its not fit for purpose. Luckily it was cheap.
 
But did the seller say the brakes had been done? On your initial post it doesn't mention them and they may have been working fine. I guess you towed the trailer before buying it?
 
CAVEAT EMPTOR = buyer beware

Legally there is not comeback on the private seller - unless they area commercial business selling it


Lesson learned - get a mechanic to check it out before paying anything in future even if it means paying the mechanic
 
OP, why not sell the trailer and see what you can get for the money? Maybe do some research first though to make sure that is the right decision. Just to give you an idea of what to expect for £900 about 6 years ago now I spent £850 on a Rice Beaufort that was definitely old enough to vote, possibly even old enough to remember the 70s so one from the 1990s wouldn't bother me at all. It was roadworthy but I did have to get the electrics done and the tyres during the first couple of months of having it. It wasn't that expensive. Does that price they've given you include installing a new floor?
 
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