Used Car with Warranty...company ceased trading...car needed £1000+ work doing...

andyellis111

Hi there.

PLEASE can somebody advise me this is the worst experience I've ever had :mad:
This is a long story so I apologise in advance.

On 05/02/2011 I traded in my Megane Scenic for a Megane Sport Tourer, price was £3490 but it was a swap (part ex) and he gave me a cheque for £100 towards the Scenic. He also gave me a 3 month parts and labour warranty with the Megane, but nothing in writing apart from the receipt / new keeper supplement, and all the usual books for the car.

Within 5 days of having the car, it needed work doing on it. I contacted the seller who was 50 miles away from my home, who said he would ring me back. From this point, I never heard from him again...until recently (see later in this post).

I could not travel to see him, nor could I get to work / transport kids without the work getting done so I had it done by my local garage and paid for it. (Camshaft dephaser pulley with cambelt kit - £410)

Since then I've had more and more work done on the car, same scenario where I tried to contact the seller but no answer.

Now I've spent £1000+ on the car, all on credit cards so now I'm paying interest on it too!

I managed to find him today he's ceased trading and now works for a Motor Village as a valeter...which sounds odd to me.

I spoke to Trading Standards who said the following:
"Warranty or No Warranty, the car needed work doing to it within the legal 3 month period for used cars which suggests that the work needed doing before the car was sold."

My local garage has advised me that the problems were definately historical and should have been sorted before the car even went on the forecourt.

The seller said that he has ceased trading and has no money, but can offer me a refund for the car's original price?! - which is a bit strange...plus it's totally out of the question because I'd still be out of pocket and without a car.

My questions are:
- Do I have any chance of seeing some money back?
- Surely he can afford to pay for the work I've had done if he can afford to give me £3490 back for the car?!?
- What are my rights?

Thank you for reading, please can somebody help me?

Andy

Flyboy152

I think your only recourse here is through the small claims court. You do not have an insurance backed warranty, so no luck there. But, assuming he wasn't a limited company, he is personally liable for his business debts, which is what your claim is.

andyellis111

Thanks Flyboy, thought this may be the case - Trading Standards have told me that it will cost me between £30 and £108 to take him to court, but to be honest I don't mind paying it if it gives me a chance...

Quentin

andyellis111 wrote: »

Thanks Flyboy, thought this may be the case - Trading Standards have told me that it will cost me between £30 and £108 to take him to court, but to be honest I don't mind paying it if it gives me a chance...

Try and find out if you have a good prospect of getting paid should you use the court route.

(Even if you win, if he has no money then you would just be wasting more money over this as all your court fees are payable in advance by you, and added on to the amount you are claiming to be paid by the defendant if he can)

Flyboy152

Quentin wrote: »

Try and find out if you have a good prospect of getting paid should you use the court route.

(Even if you win, if he has no money then you would just be wasting more money over this as all your court fees are payable in advance by you, and added on to the amount you are claiming to be paid by the defendant if he can)

Don't the courts have the ability to apply an attachment of earnings?

Kilty_2

Do you have proof that he's offered you the £3490 back?

If so, this might help to prove he has the money to pay for the repairs....

andyellis111

Quentin wrote: »

Try and find out if you have a good prospect of getting paid should you use the court route.

(Even if you win, if he has no money then you would just be wasting more money over this as all your court fees are payable in advance by you, and added on to the amount you are claiming to be paid by the defendant if he can)

Thanks for your reply. I'll talk to the Solicitors and see what they think.

I thought that if I won, I would get paid and the guy would have to repay the courts monthly, or some similar system?

I'm not familiar with the way these things work so I don't really know what to expect.

andyellis111

Kilty wrote: »

Do you have proof that he's offered you the £3490 back?

If so, this might help to prove he has the money to pay for the repairs....

Good point. He's only offered this to me over the phone.

I'm assuming he's not going to put it in writing so if I speak to him again I will record the call - but would this type of evidence work in my favour in court?

Thanks, Andy

Flyboy152

andyellis111 wrote: »

Good point. He's only offered this to me over the phone.

I'm assuming he's not going to put it in writing so if I speak to him again I will record the call - but would this type of evidence work in my favour in court?

Thanks, Andy

Unfortunately not, it is likely to ruled inadmissible. However, you can always try to ask him to put it in writing, don't tell him why, perhaps say to him that you want to know exactly what he is paying for so there is no misunderstandings.

Quentin

Flyboy152 wrote: »

Don't the courts have the ability to apply an attachment of earnings?

They do, but it's not straightforward (and involves more expense to apply for - £100 - which you can only get back off the defendant).

You first need to have set up an instalment arrangement after winning a claim, then the defendant has to default before you can apply for an attachment of earnings.

To do this your case needs to be transferred to the defendant's local court.

Then the defendant has to show his earnings (if on low pay, then the court may not be able to issue an attachment, as the defendant is allowed to keep enough money to cover essentials like mort/heat/light/food etc.)

All this takes months after the default, and there is much scope for slippery defendants to avoid paying (going unemployed/off the radar/cash in hand etc).

Quentin

andyellis111 wrote: »

Thanks for your reply. I'll talk to the Solicitors and see what they think.

I thought that if I won, I would get paid and the guy would have to repay the courts monthly, or some similar system?

I'm not familiar with the way these things work so I don't really know what to expect.

No, it doesn't work like that.

If you win, then it's up to you to enforce the payment if the defendant fails to pay you.

You can send in the bailiffs, or get the attachment of earnings mentioned, but these all take time and involve more cost up front which you onloy get back via the defendant (if he can pay).