Please advise-think we've lost all our money! UPDATED!

Penny-Pincher!!

Basically, Ive printed out everything and OH contacted Auto trader who has confirmed that the seller has a trade account with them and he's emailed proof through to us and contacted Trading Standards too, so its all documented. He also sent us the original advert that the seller did as the car is now registered to OH.

OH used my phone to call the seller and he was okay but insisted that he was a private seller, but then when OH asked him why his details were not on the log book he back tracked a little. We haven't told him yet that we know he's a trader, as OH spoke after he had spoken to him. OH gave him 3 options...1...Money back please, 2...do the work that needs doing or 3...legal involvement.

I don't really want to use my DLA for a car. With all the new rules coming in next year, I'll probably loose it anyway knowing my luck, so rather have our own car and too many restrictions also are placed on it.

We went to his house to view and paid cash, but have a receipt.

Penny-Pincher!!

Tilt.....

I will be drafting up a legal letter tomorrow to post by special delivery with all proof we have and stating we want a full refund under the SOGA 1979 and to come and collect the car with our full refund within 7 days. I think I will include copies of everything we have too including the emails from Auto trader proving that he is a trader and a copy of log book etc. Would this be okay and is there a special way to word the letter? Should I include a copy of the diagnostic sheet?

Ive had to postpone my hospital visit till 2 weeks today, so hope and pray that this is sorted by then.

Ive had a good cry and feel a lot calmer now.

Thank you for all the positive comments.

PP
xx

jaydeeuk1

hartcjhart wrote: »

below is from this site

http://www.consumerrightsexpert.co.uk/buyingausedcaryourrights.html

....

Buying From a Dealer
....You can also arrange for your own mechanic to inspect the car. However, if your mechanic misses a problem, the dealer won't be liable.
...

Never knew that. So basically if you ask your mechanic to come and give it the once over, and says to the best of his knowledge the car is fine, you sign something to say they're not liable if it goes wrong (like a chartered surveyor will always recommend a structural engineers report), but a week later the cambelt suddenly fails, its tough titties?

Premier_2

jaydeeuk1 wrote: »

Never knew that. So basically if you ask your mechanic to come and give it the once over, and says to the best of his knowledge the car is fine, you sign something to say they're not liable if it goes wrong (like a chartered surveyor will always recommend a structural engineers report), but a week later the cambelt suddenly fails, its tough titties?

I think you need to read the paragraph as a whole, rather than use use selected excerpts that may then be taken out of context

The Retail Motor Industry Federation or the Scottish Motor Trade Association can give you a list of their members.Does the dealer have his cars inspected? If so, by whom? Is it an independent engineer? Or is it by a motoring organisation? Don't be afraid ask for the report. It won't be that detailed, but it'll still be useful. You can also arrange for your own mechanic to inspect the car. However, if your mechanic misses a problem, the dealer won't be liable. The Sale of Goods Act covers used cars. That means they must be "of satisfactory quality" (allowing for the fact they're used), as "described to you," and "fit for any normal purpose," including any that you especially specify to the dealer. Warranties or guarantees don't affect these rights.

verityboo

jaydeeuk1 wrote: »

Never knew that. So basically if you ask your mechanic to come and give it the once over, and says to the best of his knowledge the car is fine, you sign something to say they're not liable if it goes wrong (like a chartered surveyor will always recommend a structural engineers report), but a week later the cambelt suddenly fails, its tough titties?

But its just an individuals opinion on a private website without any reference to law, regulation or case law.

Penny-Pincher!!

Letter and copies of everything sent off today by special delivery along with a nicely worded legal letter. OH has text him to let him know that Auto trader have confirmed he is a dealer with a dealer account but has said nothing about the letter being sent to him. He has also deleted all auctions now so luckily we had them printed off already. He isn't taking any of our calls.

Thanks everyone. Please send all positive thoughts. OH has had to get an Oyster card today as its £2.30 a bus ride otherwise.

PP
xx

Tilt

Sorry PP, i've only come back on since my last post. Obviously I see that you have already sent off your letter... did you use recorded delivery?

Its good that you have the supporting evidence because you could report him to Trading standards for posing as a private seller. However, I would wait to see what (if any) response you get first.

Please keep us posted.

SailorSam

If he's selling off his drive, maybe he should be paying business rates. Ask the local do they know about him.

Penny-Pincher!!

Tilt wrote: »

Sorry PP, i've only come back on since my last post. Obviously I see that you have already sent off your letter... did you use recorded delivery?

Its good that you have the supporting evidence because you could report him to Trading standards for posing as a private seller. However, I would wait to see what (if any) response you get first.

Please keep us posted.

Sent by special delivery. Ive also sent him copies of all the auctions (Ebay and Auto-trader) he's had running in the last 10 days, copy of email from Auto-trader, copies of the findings from the garage, copies of the cost of the garage test and the wheel bearings, sent a copy of the log book with the ladies details whom owned the car before us (Not him!), copy of the CAB email unique reference number and a 2 page letter from us stipulating what we want and our findings and what will happen if he doesn't comply. Said we want a full refund of £4750 which includes the costs we've spent since last week. Also suggested in the letter that maybe Inland Revenue or his local Trading Standards may have details of his doorstep trading (for business purposes) and that where we'll ask there next if we get stuck further:D

Hope the above was all okay. Want to put the wind up him.

If we've lost all our money, so be it, but it will be with a fight:rotfl:

Thanks for your help.

PP
xx

ess0two

Contact the previous owner,ask them about any problems the car had,and how they got rid of it etc.