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I am dealing with a con artist & need some advice

rock-y-beach
rock-y-beach Posts: 20 Forumite
edited 7 December 2013 at 4:52PM in Consumer rights
I bought (from a proper van trading business) a second hand van which was described as being in full working order with nothing wrong with it. I actually went to this trader because I thought I was not going to run in to any problems because the vans were more expensive than if I had gone to a seller off the street and it had a full months warranty with it.

Surprise surprise the first day I have it and I end up with some major problems (something very wrong with it). Some items which had been replaced and mentioned in the advert were misleading because it was one of these I was having a problem with.

I contacted the seller and originally asked for my money back as I felt misled but he said he had a choice to fix it first. Fair enough! But it has been a week and I have to keep ringing him up as he doesn't ring me when he says he will and each time I ring him he just keeps coming out with excuse after excuse after excuse. An obvious con artist and I wish I had never brought from him. He had also told me what else he had supposedly fixed on this van (all stuff that it said in the advert had already been done).

I paid for this van 3/4 in cash and the rest by my debit card. It is causing so much stress, anxiety & so much hassle. I needed this van a week ago, that's why I paid so much more from this company and I feel I am being taken for a ride.

Any advice please on what I can do? I've had enough of his excuses and lies and I don't trust anything he is saying to me and haven't from day one!

Thanks
«1

Comments

  • frugal_mike
    frugal_mike Posts: 1,687 Forumite
    Did you buy it as a consumer, or a business?
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    And what are the reasons given? Is he repairing it or having another garage repair it?
  • Herongull
    Herongull Posts: 1,356 Forumite
    Eighth Anniversary Combo Breaker
    If there is a significant mismatch between what was advertised and what was supplied, then simply reject the faulty van and demand your money back. Simples!

    You have have the right to reject faulty goods for a full refund if you do it quickly. You do not have to accept repair/replacement.

    And yes this does apply to 2nd hand goods.

    "Customers have exactly the same rights with second-hand goods
    as they do with new. See Your customer’s rights explained.
    However, because the items are second-hand the quality of
    items is judged less rigorously than when items are new,
    where reasonable"


    http://www.oft.gov.uk/shared_oft/738369/738375/OFT002_SOGA_explained.pdf
  • frugal_mike
    frugal_mike Posts: 1,687 Forumite
    Herongull wrote: »
    If there is a significant mismatch between what was advertised and what was supplied, then simply reject the faulty van and demand your money back. Simples!

    The problem is that OP has already agreed to have it repaired so has to give them the chance to finish now. Assuming OP bought the van as a consumer then the seller has to complete the repair without causing significant inconvenience. A week without a vehicle may be considered significantly inconvenient. Also accepting the repair does not remove the right to reject once it's returned if it still does not conform to contract.

    However since it's a van that was bought I'd say there is a good chance it was bought for a business. If that's the case then large parts of the Sale of Goods Act will not apply, as they only apply to consumers.
  • rock-y-beach
    rock-y-beach Posts: 20 Forumite
    edited 8 December 2013 at 1:40PM
    I am not a business. It was a campervan type of van that was brought for personal use.

    I tried to get my money back but the van dealer wouldn't give me my money back and said he had the right to fix it first so I stupidly believed him thinking he should know.

    It has been over a week now and is a major inconvenience.

    Should I get trading standards involved as this trader lied to us about how he had the right to fix it first? and would trading standards get our money back?
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 8 December 2013 at 1:56PM
    Campervans are very scam worthy.have you searched for reviews on them, are they listed on companies house as a limited company.i believe you should contact trading standards for advice.there was a thread on here about a company in wales with a terrible reputation but who's website looked good, they appeared to be " proper" too.
  • point him to this thread and tell him he has 24 hours and then you are going to name him
    weight loss target 23lbs/49lb
  • Thanks for your replies.

    We have searched for the company online and nothing comes up apart from the same information that was on the sales receipt he gave us. Just the name, address and phone number of the business.

    How would I find out if the company is on the companies house register?

    What is very awkward is at present I have no van and the van cost nearly 4 grand second hand and he has the money too so I have nothing until I get the van back
  • I didn't know what other word to use other than con man because of the way he has treated me. He lied about my legal rights by saying he had a right to fix it first even though I asked for my money back and wanted to reject the van but he wouldn't let me.

    And now over a week later I keep ringing him every day even though he keeps saying he will ring but he never does and every time I ring him to see when I can pick it up he keeps coming out with another excuse and another lie about something else going wrong on it and he supposedly keeps fixing the same things which originally said on the advert were in perfect working order. I feel like I keep getting fobbed off and lied too and what annoys me the most is I said I wanted to reject the van and have my money back and he wouldn't let me
  • hollydays wrote: »
    Search the post code online

    I have searched the post code, the telephone number, the house address, the company name...all online! No one has left any reviews about them. It just says on info websites about them, be the first to write a review
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