Do I have a chance of winning this in small claims court?

goskag6

Hi there, I'm hoping to get some advice from everyone as I'm in a bit of a difficult situation with a used car.

I bought a used car in May. Two days later I took it to the garage to change the tyre and oil and the mechanic said that the exhaust had a hole in it.

I contacted the dealer 2 days after I bought it and wanted them to fix it but they simply ignored me, they said that I broke it and that they did not have time to talk to me. The mechanic from the garage said it was rusty so the hole must have been there for a while and that there was no way that I could have caused the damage myself in the time I had owned the car. He would not write a statement to this effect. He gave me a quote and said it will cost me around £200 to change the exhaust. When I tried to ring the dealer again they did not answer.

I asked CAB for some advice. They told me to write to them and ask for my money back. I sent the first letter by recorded delivery 6 days after I bought it. I wrote in a letter that 'Under the Sale of Goods Act 1979 (as amended) goods you supply must be fit for purpose' and I asked for my money back as the car was faulty. Also, before I bought it they promised that they will replace the fuel cap because it was broken. They did not, they glued it and it fell off a few hours after I bought it. I asked them to respond in the next 14 days. They received the letter (it was sent recorded delivery) but they did not respond.

I sent the 2nd letter 3 weeks later. I wrote that I'll take them to court if we did not reach a mutual agreement. I asked them to reply, even if they do not agree to refund the car, and tell me why they will not refund it. The letter was sent by recorded delivery. They were not at home, the letter was left for them at the post office to pick up. They never did and It was returned to me. I sent the same letter by normal delivery. They have not replied. It was over a month ago when I sent it.

The letters I sent were written according to the samples provided
by CAB.

I've just contacted the CAB again and they told me that I might not win if I take them to court as the car is not new and I did not pay much for it. I paid £900 and the car is from 2001.

The thing is that when I was buying it, the mechanic checked it while it was in the dealers yard. They did not have keys to the other cars to move them so he could not check it underneath. He identified two things that I would have to spent money on: a new tyre and an oil change. If I had known that the exhaust was faulty and I would have to spend more for repairs I would not have bought it.

Has anyone been in a similar situation before? Do you think I have a chance of getting my money back? I asked for a refund within a week after a bought it so I would have thought this would be acceptable?

Any advice would be very much appreciated :j

HappyMJ

It's a gamble. Are you willing to risk the court costs taking it to court. You don't have to take it all the way. Just starting a claim may prompt payment...then again it may not. You can stop chasing at any point. The first fee for claiming £900 will cost you £60. Then if it's a defended claim it'll cost more...but you can give up at this point if you wish.

facade

It is September now, are you still driving it?

Exhausts are consumables, if it is the only thing wrong, the cheapest option is get a new one, then you might get several years out of the car for £200.

It depends on how you cost your time & stress trying to get your money back, if you've got nowhere in 3 months, I doubt if the small claims will get you your money.

goskag6

Thank you for your messages.

I know it is September but I contacted them two days after buying it. I could not take them to court any earlier because I had to give them time to reply to the standard legal letters i was advised to send out. I kind of think that they think I'll give up and not bother taking them to court. But I bought a car that I am not happy with, was not sold as described, was accused that I broke the car and I think they should have simply given me the money back.

If I decide to sell it to someone else I will have to either lower the price or fix the exhaust so I think I might as well pay £60 pounds court fee with a chance of getting my 900 back, especially that I have changed the tyre and oil now so I would be giving them back a car that is in a better state than when they sold it to me.

I would be able to return it if it was a new car, but I do not know if it works if the car is second hand.

I admit, I have used it on a few occasions. From Monday I am going back to work and I will have to drive everyday so I have to decide quickly and if I want to take them to court I have to buy a new car over the weekend.

I suppose I am just asking whether I stand a good chance in court or not and weighing up my options.

Again thank you for your responses!

forgotmyname

Did you get the new exhaust? What car is it?

You wont get your £900 back.. Youve had the car for 3 months+?

An exhaust is a minor issue and could probably have been fixed or less. Did it really need a whole new system for one small hole?

Its a 12 year old car for under £1000 so its bound to require work and parts to keep it on the road.

If you can still drive it with the old exhaust then it cannot have been that bad.

From the sounds of it even if you win the chances of them paying you is NIL.

Probably changed the owner's name already. This week the car owns it. After the next dodgy car they sell its down to the rabbit.

Buy an exhaust and move on dont waste £60. Only £140 and you have the exhaust.



Chance of winning for something towards the exhaust cost 75%

Chance of winning the whole exhaust cost 50% on a good day.

Chance of winning the full £900 back 1%

Chance of them actually paying ZERO...

goskag6

So is there no such thing as a refund with second hand goods?

I tried to return it a few days after but instead of them giving me a 'no' they simply refused to answer my calls and any correspondence (two legal letters I sent them) and the whole thing seemed to be very unprofessional (they put the phone down on me) and told me any issues or faults were my own fault.

I understand I might be grasping at straws but they would not allow me to take the car from the courtyard on the first day and instead allowed me to bring a mechanic to the yard. the problem was the mechanic could not see under the car where the underlying problems were. After owning the car for a couple of days i did a more thorough investigation and that was when the problems arose. I also was more convinced to take the car as they gave me a 30 day verbal warranty (in hindsight I should of got this in writing - a learning curve!) I just believe the way this sale was done was very shady, the manner in which the dealing was done was unprofessional and the condition the car was sold to me was not how it was portrayed. It's not only the fact I want my money back but I also don't want someone else to suffer the same fate.

Also its been around 3 months because the two letter I have sent have each given them weeks worth of 'working days' to respond to me before I can take this matter further.

Or maybe its standard to believe buying a used car means paying out the nose for it afterwards and this is the norm? (I've had to pay for an oil change, new tyre, wheel alignment, and other various things within the few days of me buying it and now a new exhaust and potentially more)

I haven't bought a new exhaust yet as ive been intent on getting my money back.

I know its a risk buying used cars but surely the dealers have some accountability to sell you a decent working car?

CFC

Yes they do, however the age of the car and the amount of money you paid is taken into account. You would stand more chance if you had asked for a repair or replacement rather than simply asked for a refund. I think the chances of getting a refund at this point are extremely small. The car is drivable; if it is not unsafe or drivable it's a different ball game. Has your mechanic advised you that it is unroadworthy or dangerous? Has your mechanic advised whether it can be fixed with some exhaust compound?

scotsbob

goskag6 wrote: »

allowed me to bring a mechanic to the yard. the problem was the mechanic could not see under the car where the underlying problems were

I am not a mechanic, just an average guy who buys a car every two years.
When I go to look at a car I always take a jack a blanket and a torch so that I can check underneath the car.
Your mechanic could not have been very thorough.

Does your whole exhaust need to be replaced or just the section where it has rusted through?

goskag6

the whole exhaust is rusty but the hole in only in one part of it, so I suppose I could just change that one part. The thing is, 2 days after I bought it I wanted to take it back, and I still do because I am not happy with it. It's been taking me so long because they do viewing by appointment only and I can't actually go and speak to them.

goskag6

The car is drivable but I have hardly driven it as I wanted to take it back. If I start using it on a regular basis it might turn out that something else is broken and I will not be able to return it as it has already been 3 months now since I bought it.

27col

You bought a 12 year old car for less than £1000 and you seriously expect them to replace the exhaust. Which you did not inspect before buying. You must be having a laugh. I'm surprised the garage hasn't told you to f*** off. They seem to be doing the right thing by ignoring you.