Bought Used Car from dealer... please help! Any advice.

sparklesparkle88

pinkshoes wrote: »

When you've given him deadlines to repair the car by, was this done verbally, or in writing? If verbally, then you need to put it in writing, detailing all the failed deadlines, and giving him one last deadline before you'll take court action to get your money back.

Send it recorded so you have proof he received it.

I'd be surprised if he could read or write. Everything has been done verbally and his approach has been very lackadaisical.

We have warned him previously about considering court action and he swore and became aggressive. We have had a day of pick up at least 3 times every week since this began and I begrudge giving him another chance again. To be honest, I don't want to warn him of our intentions though if a formal letter being sent to him is what is needed then I suppose it'll have to be done.

We have a sales invoice (it's the contract as he kept a copy and was the only paperwork we received) and we haven't signed it either, though he signed his part. Could this be of any use to us in this case?

pinkshoes

sparklesparkle88 wrote: »

To be honest, I don't want to warn him of our intentions though if a formal letter being sent to him is what is needed then I suppose it'll have to be done.

you MUST put it in writing, as to take him to court, it has to be seen that you've taken all reasonable efforts to resolve the situation - and you'll need PROOF you've done this.

This is why a letter detailing clearly all the missed deadlines would be ideal.

squeaky

The links in post #6, especially the OFT one, will lead you through the whole process. It's very good.

sparklesparkle88

I have typed a letter which I will send tomorrow after speaking to him and him telling us the car isn't fixed again :wall:

Just because this has been ongoing since last month, we do not have dates of his promised repairs, etc. Will this be a detriment to our case?

We know exactly what has been said, etc. but regarding dates and times, we have been promised every other day for the past 6 weeks so it has been impossible to keep track of.


Thanks.

Flyboy152

sparklesparkle88 wrote: »

I have typed a letter which I will send tomorrow after speaking to him and him telling us the car isn't fixed again :wall:

Just because this has been ongoing since last month, we do not have dates of his promised repairs, etc. Will this be a detriment to our case?

We know exactly what has been said, etc. but regarding dates and times, we have been promised every other day for the past 6 weeks so it has been impossible to keep track of.


Thanks.

I would suggest you add a deadline of seven days to your LBA. It is unlikely that you will get a commitment or even a response, but at least you will be able to demonstrate you have allowed him as many chances as possible.

halibut2209

What flyboy said. Keep it short and sweet.

State the facts
State that you want a refund under SOGA
Give a reasonable time limit (personally I'd go with 14 days)
State that if you do not have a full refund within that time, then you will start legal proceedings
Do not accept anything other than a refund
After 14 days, carry out your promise.

And send it recorded delivery

Flyboy152

halibut2209 wrote: »

What flyboy said. Keep it short and sweet.

State the facts
State that you want a refund under SOGA
Give a reasonable time limit (personally I'd go with 14 days)
State that if you do not have a full refund within that time, then you will start legal proceedings
Do not accept anything other than a refund
After 14 days, carry out your promise.

And send it recorded delivery

We'll agree to disagree on the deadlines.

But I agree, that you must follow through on your threat of action. Don't let him fob you off anymore.

halibut2209

My reasoning is that should it go to court, the defendant could argue that it took 2 days for the letter to get to him, and he had to transfer the money from one account to another which can take 3-5 days, then another 3-5 to transfer to the OP. 14 days covers that. It's more reasonable which gives the advantage to the OP

Rule #1 - Cover your own back

Flyboy152

halibut2209 wrote: »

My reasoning is that should it go to court, the defendant could argue that it took 2 days for the letter to get to him, and he had to transfer the money from one account to another which can take 3-5 days, then another 3-5 to transfer to the OP. 14 days covers that. It's more reasonable which gives the advantage to the OP

Rule #1 - Cover your own back

I see, I was thinking more along the lines of fixing the car, but I see where you are coming from.