sold an illegal car and offered a dodgy replacement - refund refused

patman99

Be warned. The Cost of SCC action is greater than you think. First off is the initial fee, this is then followed by a fee of £45 for 'Fast Tracking' the case, then a fee of £165 payable to the Court the case is finally allocated to.

Add to this the need to obtain a full vehicle inspection from a motor engineer (RAC stipulate their reports cannot be used as evidence in Court cases and you can't use your own mechanic due to conflict of interest).

buglawton

Was the car bought on finance or by credit card? If so you may have some leverage against the seller.

worried_jim

missile wrote: »

You bought a used car without even looking under the bonnet?

The mind boggles! Imagine buying a house with out looking in the garden or upstairs. Even if you don't know what to look for it will give the seller the impression you do before they start taking you for a mug and pulling your pants down as in the OP's case.

arcon5

patman99 wrote: »

Be warned. The Cost of SCC action is greater than you think. First off is the initial fee, this is then followed by a fee of £45 for 'Fast Tracking' the case, then a fee of £165 payable to the Court the case is finally allocated to.

This claim is highly unlikely to be put on the 'fast track', it would be a 'small claims track' since the case is non-complex and less than £10k. Fast track is very different to a small claims track and carries much more significant risks since legal representative costs can be reclaimed!

But ye, for a £3500 claim ops looking at £100 filing fee, £45 allocation fee (since claim is over £1500) and the hearing fee about £150ish.

buglawton

How was the car paid for? Cash, cheque or card?

tobyl

Still no refund nor car but yesterday I saw a man driving it some 15 miles away from garage so it looks like he has sold it on to someone else despite me having page 2 to the V5 and yes I did sign and fill in page 1 and they were going to send it off. I did keep checking with DVLA but they said it takes 4 -6 weeks to generate a new log book but it is 6 weeks today and no log book. The police do not consider it theft as my name isn't on log book nor are they or trading standards interested in his false names, the face he has passed two CAT C's off to me (the RAC report I had on second car he offered me shows major problems and not even a VIN on the car)
I've really been done over by this monstrous man and feel no way am I getting the money back.
He is still advertising the car he sold me and I saw someone else driving on Gumtree http://www.gumtree.com/p/cars-vans-motorbikes/2007-vauxhall-astra-vvt-elite-5-door-full-leather-30000-miles-only-brand-new-mot-6-months-tax/1029803254
I watched discreetly last week and saw a number of people test driving his cars, it is really wrong that he can get away with this.
Tradepro replied to this thread and made me feel the garage man was being decent but he hasn't been at all. In fact if the V5 hasn't been sent off in my name he must have known I wouldn't be a able to re-tax it when time was due.
I am so short of money due to this. I had to hire a car for two weeks and eventually a few days ago bought a car on HP from Evans Halshaw as I need a car for work.
I actually feel I am throwing more money away with small claims action as I feel he will just change the name of garage when time comes. He is already using the car wash name which is on same land to sell the cars on Gumtree where as before he used the harrow motors centre name. He has 42 adds on there at moment and I bet every car on there is a cat c write off.

tobyl

worried_jim wrote: »

The mind boggles! Imagine buying a house with out looking in the garden or upstairs. Even if you don't know what to look for it will give the seller the impression you do before they start taking you for a mug and pulling your pants down as in the OP's case.

I joined this forum looking for some constructive advice not someone who had made me feel more stupid than I already do. I didn't lift the bonnet, no as I wouldn't have known what to look for. I lost my Mother a few months ago and yes friends have pointed out I made a bad judgement call but however dumb I have been, this creep at the garage shouldn't be able to sell a car that is illegal and dangerous

tobyl

missile wrote: »

You bought a used car without even looking under the bonnet?

yes that's right I am a stupid woman who didn't look as wouldn't have known if engine was good or bad. I lost my mum a few months ago and yes probably vulnerable and not as together as I should have been but it doesn't make it right. I had to send my child on holiday without me because of this, I had to hire a car so I could still try and run a small business and now resorted to getting a car on HP from a main agent as I so traumatized by what's happened. I don't know if I will have the money to pay the mortgage this month and comments like yours sneering at my own admitted stupidity (see how I started the thread off) are making me feel a whole lot worse

buglawton

What is your anwer to posts #23 / #26?

Alias_Omega

Tobyl,

Answer the questions asked above or people will stop trying to help you.