I feel conned - my rights (If I have any)?

jasonbullock79

Hi,

I put a deposit down for a car, but it turns out the vehicle is not even close to the description, and has actually been a category C write-off. Is the Small Claims Court the best route for getting the deposit back?

Thanks

Sgt_Pepper_2

Secure a copy of the advert.

jasonbullock79

Hi, thanks for your response. The first thing I did is make an offline copy of the full advert, to make sure they can't suddenly change the details in the ad - Which I really wouldn't put past him...

colino

Are you serious? Why buy a mundane Mondeo precisely, "several hundred miles away"?
If you are kosher, the dealer already knows he is offending by omission and you're due your money back.

jasonbullock79

Hi Colino,

Yes I'm Kosher. I live in East Anglia and the car is in Newcastle. I wouldn't normally consider something so far away, but it just seemed to tick every box we had for what we were looking for. Plus I keep hearing more and more about people buying cars they haven't see (from ebay, for example) and not having any problems. I definitely wouldn't do this again, it's local dealers for me from now on...

marlot

Get a copy of the advert. Get a copy of the HPI report showing its Cat C. Get evidence from the bank of the transfer, and emails (if you have them) showing the deposit.

Then sue in the small claims court. https://www.moneyclaim.gov.uk/web/mcol/welcome

jasonbullock79

Thanks, I was thinking that would be my best option. Does anyone have any experience of anything similar? I'm just wondering what my chances of success are.

Thanks again for the response.

motorguy

jasonbullock79 wrote: »

Thanks, I was thinking that would be my best option. Does anyone have any experience of anything similar? I'm just wondering what my chances of success are.

Thanks again for the response.

You are totally in the right, and the dealer is totally in the wrong.

Personally, i'd phone consumer direct and get them on board too.

maninthestreet

Caveat Emptor applies - did you specifically ask the dealer whether the car had ever been written off? If not, then the dealer has not misrepresented the car. Why did you put a deposit down on a vehicle you had not even inspected yourself? There are thousands of second-hand Mondeos for sale, unless you live in a really remote are of the country, why even consider buying from a dealer several hundred miles from where you live??

prowla

I think that a dealer has to declare a Cat C?
That said, Cat C means that the car is repairable, so there is nothing wrong with buying/selling one.

fivetide

Did you pay by credit card?

If so, simply get your card company on it and reverse the transaction.

5t.