Bought a used car from a dealer posing as a private seller - advice please!

budgerigirl

Hi, thanks for all your helpful advice and replies. I think he is starting to see that legally we are in the right. We have been negotiating with the guy and he is offering to pay half towards a new engine, and then pay the rest in installments. However, looking at the cost of getting a half decent engine installed (there is no point getting it done really cheaply and it just blowing up again), I do not really want to pay half upfront in case I dont recover it from him, as understandably I do not trust the guy. I've already spent a fair bit on this car with diagnostics and cancellation fee for the insurance. I would rather cut my losses and get rid of the car, or have him pay fully for a refund or repairs so there is no risk of further cost to me. I have drafted, but not sent, a letter saying to him that I need to have in writing a confirmation that he will either fully pay up front for the repairs of the vehicle and arrange the repair (giving me all the receipts for parts and labour afterwards so I can check it's not been done dodgily), or a refund for the full price I paid, and if I don't receive it by Thursday I will need to scrap the vehicle, then he will be liable for the full refund. This is because the vehicle is currently sat at a garage, where it has been sitting now for some time, it is undrivable as the engine had to be partially dismantled in order to diagnose the fault. I do not have a driveway or anywhere to keep the vehicle, and it's MOT has run out so it cant be kept on the street. I am worried that the garage will start charging me to keep the car there if I leave it much longer. What I'm wondering is, if the dealer guy keeps wasting time, and I was forced to scrap the car, would I still be eligible for a refund if it went to court? As I would have purposely scrapped the car so can not return it to the dealer (although I dont really have much choice as I have no where to keep it). Obviously I have given him the option to return the car to him the whole time since I bought it and first requested to return it, and in the letter I've drafted I am still giving him the chance to accept the car back and refund me (although he would have to get it towed). Would I be ok in the eyes of the court scrapping it? as it feels justified given the pressures of the situation and the fact I have nowhere to store it and he is refusing to take it back. And would he then still be liable to refund me the full amount (given he is offering to pay in installments the cost of a new engine). Additionally, the estimated prices he is giving me for how much it would be to have a new engine supplied and installed are a lot lower than what I've been able to find, I've asked him to send me a link to one he is talking about and he says he will have to do it tomorrow night, so I think he might just be buying time. What should I do and where do I stand with this? Sorry again for the long post!

s_b

get this £1000 out of him soonest to mitigate your losses
because this is better than a promise
get him to sign for the other payments

arcon5

For the instalments have him give your post dated cheques. They can be presented early as the future date carries no relevance, but the point is if they bounce its easier to go to court over a bounced cheque than his verbal promise as be cannot defend the bounced cheque