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

Penny-Pincher!!

cootuk wrote: »

www.adviceguide.org.uk/index/c_secondhand_cars.pdf

Did you pay by credit card as then the card company may get involved.

Nope. Cash.

Penny-Pincher!!

cootuk wrote: »

www.adviceguide.org.uk/index/c_secondhand_cars.pdf

Did you pay by credit card as then the card company may get involved.

Thanks for the link BTW. x

Tilt

Penny-Pincher!! wrote: »

The car hasn't moved off the drive since before we sent the letter. OH has been getting the bus and has got an Oyster card. We have had to pay for car tax yesterday as we didn't want to get in trouble for not taxing it.

Is that okay?

We stated in the letter that we wanted the car to be collected within the next 7 days with the money we paid for the car.

No, should of declared it SORN'd :doh: Surrender it immediately!

Tilt

Penny-Pincher!! wrote: »

Well the guy has flat out refused any refund or repairs and was very nasty to OH. The guy on the phone said that we had done unauthorised repairs on the car with getting wheel bearings done as he's a trader. OH stated so you're now admitting to be a trader and he tried to back track! He's said to go through the courts as were not getting a penny from him.

Im so gutted and don't know what to do next. The work needs to be done whatever happens, but I don't know how we stand legally?

Does anyone know what the next steps are please?

Please help!!

PP
xx

OK let's turn up the heat a little then. CAB now deal with TS complaints (previously you went through Consumer Direct). You need to contact them explaining that the seller is masquerading as a private seller.

http://www.tradingstandards.gov.uk/advice/index.cfm

No more verbal communication with the seller in the meantime. You've sent the rejection letter so let that clock tick and see what advice you get from CAB. You may have to prepare yourself for a claim in the small claims court. Initially that will involve paying court fees which will be added on to the costs to the seller. You can also claim interest on your money as well.

s_b

Tilt wrote: »

OK let's turn up the heat a little then. CAB now deal with TS complaints (previously you went through Consumer Direct). You need to contact them explaining that the seller is masquerading as a private seller.

http://www.tradingstandards.gov.uk/advice/index.cfm

No more verbal communication with the seller in the meantime. You've sent the rejection letter so let that clock tick and see what advice you get from CAB. You may have to prepare yourself for a claim in the small claims court. Initially that will involve paying court fees which will be added on to the costs to the seller. You can also claim interest on your money as well.

and keep the car in the condition its in
dont give room for complain that its deteriorated
keep calm
these people want you to succumb they are like leaches

shellonabeach

PP - I found this link last night with some great letters http://www.consumeractiongroup.co.uk/forum/showthread.php?23827-Sale-Of-Goods-Act-(buying-A-Vehicle)-Your-Rights/page4

I have already sent a short letter rejecting the vehicle to the seller of my car but am going to send one of these in 7 days.

As for the previous seller I have written to mine as I couldn't find her phone number or her on facebook just asking if she could help me by providing a little info on the car and giving her my contact details. Hopefully she will contact me.

pulliptears

Tilt wrote: »

No, should of declared it SORN'd :doh: Surrender it immediately!

The problem with declaring SORN though is surely that the car will need to be returned to the seller at some point, this means seller will need to re tax etc and if OP has cashed in the tax disk to declare SORN then she will have had some money back.

I can just see an unscrupulous seller demanding OP tax the car so it's returned in the same way it was sold.

Is it not better to just take note of the mileage and leave it?

pulliptears

shellonabeach wrote: »

PP - I found this link last night with some great letters http://www.consumeractiongroup.co.uk/forum/showthread.php?23827-Sale-Of-Goods-Act-(buying-A-Vehicle)-Your-Rights/page4

I have already sent a short letter rejecting the vehicle to the seller of my car but am going to send one of these in 7 days.

As for the previous seller I have written to mine as I couldn't find her phone number or her on facebook just asking if she could help me by providing a little info on the car and giving her my contact details. Hopefully she will contact me.

OP's problem is complicated by the fact the seller was Private. If she can prove he was a dealer then thats marvellous, but until that point we have to operate on the fact he is a private seller.

This means she has less rights under SOG act, but, the Misrepresentation Act 1967 will come into play because the car was misrepresented in the original advertisement.

OP really needs to sit down for a chat with her local Trading Standards. If she can speak to a solicitor for a quick chat (free half hours wont usually apply for Small Claims as the solicitors won't get anything out of it so you need a 'friend of a friend' type thing) they can point her in the right direction on which to go for him.

One thing you should do to make TS !!!!! up their ears is tell them that you believe he is putting people in danger. This usually makes them a little more willing to help.

adouglasmhor

Premier wrote: »

How / where does one register as a motor dealer?

In Scotland you need a second hand trader's licence from the Local Authority. For Example http://www.northlanarkshire.gov.uk/index.aspx?articleid=3934

colino

I'm not sure if all local authorities are the same, but in my area the second hand dealer licence renewal is double the price of the original application! So less work and more money, a lovely little extra tax on a business already paying out thousands each year before it opens the doors.