can purchased from a trader

Jen_Jen1985

Just wondering if any one can offer some advice. (i know title should say car not can but can't edit it on my phone)

My brothers car recently went up in smoke so he had to buy a new one, on Sunday he bought a second hand one from a trader. Half a mile down the road the car began to over heat, he found some water to put in it and let it cool then another mile down the road it basically died in a lot of smoke.
My brother phoned the trader to ask him to collect the car and give him his money back but the guy basically told him to get lost.

We have since found out the trader is well know for being dodgy, adding admin charges to agreed sale prices and clocking cars for starters. Any advice on how my brother can get his money back, he's out the best part of £700 and really needs the money to buy a working car.

ThumbRemote

Under the Sale of Goods Act he is quite entitled to reject the car for a full refund. The trader is refusing, so legal action via the small claims court may be the only way to go.

Gordon_Hose

He'll have to reject the car by writing a letter outlining the faults with the car.

If the trader refuses to do anything, then he'll have to take him to court. Even if a CCJ is awarded there's no guarantee he'll get his money back. The system isn't geared up to help those who have been ripped off in my opinion.

I had the same problem. Bought a 2nd hand car, the exhaust fell off, the lambda sensor went and I eventually found out it had a dodgy MOT and a incorrectly fitted handbrake. The trader told me to do one because it wasn't his fault the MOT was dodgy. I spoke to the MOT centre and they laughed at me. I spoke to VOSA and they weren't interested. In the end I gave up as I couldn't be bothered with the hassle. Fixed the car and sold it at a massive loss.

Lesson learned. I don't trust ANYONE selling a car to tell me the truth anymore.

Jen_Jen1985

Just found out the trader was taken to court about 2 years ago by the local council and fined £40,000
Wish my brother had done his research on the guy before hand, the guy is claiming the car was "sold as seen" and its tough luck.
We are now in the process of writing a letter before action.

bris

Speak to the local trading standards, if they have had enough complaint's about him they may prosecute. It sounds like there is a good chance if he has been fined before.

Gordon_Hose

Sold as seen is worthless, just ignore that.

Have a look here and speak to Trading Standards. They should be able to help with letter templates to reject the car.

Sounds like you're in this for the long haul though. It's going to be a lot of effort for possibly nothing at the end of it.

xxJudexx

It's illegal to sell a car as roadworthy when it isn't so you could mention that in your letter.

Jakg

xxJudexx wrote: »

It's illegal to sell a car as roadworthy when it isn't so you could mention that in your letter.

Unroadworthy as in dangerous, not unroadworthy as in unreliable...

xxJudexx

Jakg wrote: »

Unroadworthy as in dangerous, not unroadworthy as in unreliable...

If the car is overheating after half a mile I'd say that was dangerous.

Gordon_Hose

It's not particularly dangerous. The car was still not fit for purpose.

pendulum

xxJudexx wrote: »

If the car is overheating after half a mile I'd say that was dangerous.

And you'd be wrong to say that.