Ripped off..., how do I get my money back?

pookie5488

Just last weekpurchased a little runaround from a dealer I found in autotrader. He told me that he was fitting a new head gasket and would deliver the car to my home. He delivered as promised and I handed over £500 (not a lot to most, but I am a student nurse and sooo need a car) I was showing my father the car (which had just passed its mot the week previously) and he pointed out that the two front tyres were completely bald. No tread at all on the inside of these two tyres, the seller came and replaced these two tyres with some off another car and I was happy enough. Just yesterday the exhaust separated under the car and came away from the back box, I took it to kwik fit and the mechanic told me that the cars exhaust had been badly patched in places, had two large holes and the catalytic converter was also coming away from the bottom of the car. To top it all off there were two large oil leaks which I had not noticed before making huge puddles underneath the ramp. The guy in kwik fit showed me underneath the car which was rotten and rusted. He actually told me that he thought that the seller had paid someone for the car to go through the mot as there was no way it could have passed.
I phoned the seller in tears and he has promised to come and refund me today, but every time I call he makes excuses about when he can get up. Now he has turned his phone off and I don't know what to do. He lives about thirty miles from me and if I drive there I cannot get back and he does not trade from his home address so I have no idea if he will be there or not. I do not also want to take the risk of the exhaust completely falling off en route.

What are my legal rights here ? I need my money back to get a new car asap but feel I am being fobbed off and ignored. Does anyone know where I can go for help, would the police be interested?

cheers in advance

crossleydd42

If you have the MoT Cert, you could complain to the DoT. There's something dodgy there. I'd go to the Citizen's Advice Bureau to start with.

fannyadams

Do you know ANYONE MALE who plays rugby?
Ask them (the more the merrier) to come with you when you go and demand your money back for the worthless piece of carp he has sold you!
Also you could consider Posting the name of thieving scumbag on here so no one else gets ripped off.
I pretty sure trading standards might get involved and under the sale of goods act - not sure if this is right thing to quote (it's the one where the item has to be fit for the purpose for which it is intended) - should come into play here so I guess you could sue the trader through the small claims court if he is unwilling to refund your money.

Hope you are successful.

burbs_2

fannyadams wrote:

Do you know ANYONE MALE who plays rugby?
Ask them (the more the merrier) to come with you when you go and demand your money back for the worthless piece of carp he has sold you!
Also you could consider Posting the name of thieving scumbag on here so no one else gets ripped off.
I pretty sure trading standards might get involved and under the sale of goods act - not sure if this is right thing to quote (it's the one where the item has to be fit for the purpose for which it is intended) - should come into play here so I guess you could sue the trader through the small claims court if he is unwilling to refund your money.

Hope you are successful.

As a dealer myself i would seriously avoid turning up with the "heavies" so to speak. This will just get the dealers back up and i will guarantee you will get no joy whatsoever that way. The guy probably knows a lot more people than you can lay your hands on.

I would phone him, if his phone is off then i would leave a message. Tell him that you have had a garage check over the car and that there is no way the MOT could have been passed legally, you will be going to Trading Standards and passing details of his operation onto the DoT. If he was to collect the vehicle and refund you within the next 24 hours you may be able to avoid this cause of action but if not then you will have no problem with carrying this out. For £500 he wont run the risk and you will be getting it back with no trouble at all.

jazzy

Make sure you get a cash refund and not a cheque, if it's a dodgy dealer it will probably bounce!
Also carry out the threat of reporting the garage to the authorities, I think VOSA may help? https://www.vosa.gov.uk

molerat

From https://www.motuk.co.uk

What if I think it has wrongly passed?

These cases usually relate to recently purchased vehicles and you should let us know as soon as possible. We will then offer an appointment within 5 working days to recheck your vehicle without charge, provided:
1. not more than 28 days have elapsed since the MOT test; or
2. not more than 3 months have elapsed since the MOT test for a rust or corrosion related problem.

What action can I take against the garage?

VOSA cannot seek redress or compensation on your behalf - although it is open to you to take action in conjunction with your local trading standards department. Take out proceedings personally or refer the matter to the police.
Any subsequent action which we decide to take against the testing station which tested your vehicle is at our discretion, and should have no bearing on any action you may decide to take

Contacting VOSA

The address of the local VOSA office is displayed in MOT testing stations or can be obtained from our general enquiry unit on 0845 600 5977 (local rate) or 0870 60 60 440 (national rate).


So leave him a message telling him you will be contacting VOSA and trading standards if he does not collect the car and give a full cash refund within 7 days. The thought of VOSA becoming involved in his MOT scam will probably be enough to get him thinking. And then go to trading standards anyway

scheming_gypsy

burbs wrote:

As a dealer myself i would seriously avoid turning up with the "heavies" so to speak. This will just get the dealers back up and i will guarantee you will get no joy whatsoever that way. The guy probably knows a lot more people than you can lay your hands on.

Personally i'd turn up with the boys and leave with my cash back and the blokes liver in an old jam jar, but like Burbs say's it's not always a good idea.
Do you know a copper who could turn up with you?

tomstickland

The cheapest way to proceed is to fix the exhaust (pattern parts are cheap) and drive it. Just keep putting oil in (oil is cheap at motor factors, typically £18 for 4 x 5L). This assumes that there are no safety issues with the car.

The best way is to put it through another MOT and if the fail list is massive then you have a simple case for trading standards / small claims court / MOT fraud investigation etc.

khizman

Am I the only one concerned about the fact that you bought a car without visiting the dealers premeses?
Are you sure he exists or is he a "dealer" do you have a landline number for this chap?
Never let a dealer visit you always visit him.