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Court judgement in our favour - what happens to the car?

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Comments

  • Tilt
    Tilt Posts: 3,599 Forumite
    Ok, so the SOGA applies and the judgement should be solid.

    Hopefully the HCS will get somewhere. Hats off to your husband, I wouldn't let it go either. These rogues need to be stopped.

    I think I would be delivering the keys back to the trader with a note saying that the car has been rejected and you have a court judgement thus it is no longer your responsibility and you require it removing from your property. In the meantime, your proceedings to recover your money will continue.

    I would also inform the DVLA and ask their advice as you want to relinquish responsibility for the car. They may want to see a copy of the judgement. There maybe a way to transfer the V5 back to the trader.

    Please keep us posted.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • force_ten
    force_ten Posts: 1,931 Forumite
    Eighth Anniversary 1,000 Posts Combo Breaker
    Sounds like a sorry tale indeed

    The seller should be held responsible for his actions and as above he should have been reported to local trading standards, something that should have been done at the time of the original purchase

    We will never know the full ins and outs of this case but there seems to be a lot of errors made on the buyer’s part as well the sellers

    If the car had major accident damage or had been rolled as suggested then surely this would have shown on a full HPI check from the RAC or Experian or one of the other big HPI companies, always do a full HPI not the cheap text check

    Also a simple examination of the car would show that the tyres are not up to standard and possibly dangerous, I drive many different vehicles with work and we are told that it is mandatory to carry out a full vehicle check before you drive off, because if we get stopped by VOSA and they find a defect then it is down to you as the driver because you should have picked up the defect during your vehicle checks

    Also if the accident damage was so bad that the shape of the side seemed irregular then surely a cursory glance down the side of the car would have shown this to be the case, it seems that the car was not inspected or examined prior to purchase and sadly the last two years of heartache are a result of this oversight

    Good luck in your pursuit of this trader
  • force_ten wrote: »
    Sounds like a sorry tale indeed

    The seller should be held responsible for his actions and as above he should have been reported to local trading standards, something that should have been done at the time of the original purchase

    We will never know the full ins and outs of this case but there seems to be a lot of errors made on the buyer’s part as well the sellers

    If the car had major accident damage or had been rolled as suggested then surely this would have shown on a full HPI check from the RAC or Experian or one of the other big HPI companies, always do a full HPI not the cheap text check

    Also a simple examination of the car would show that the tyres are not up to standard and possibly dangerous, I drive many different vehicles with work and we are told that it is mandatory to carry out a full vehicle check before you drive off, because if we get stopped by VOSA and they find a defect then it is down to you as the driver because you should have picked up the defect during your vehicle checks

    Also if the accident damage was so bad that the shape of the side seemed irregular then surely a cursory glance down the side of the car would have shown this to be the case, it seems that the car was not inspected or examined prior to purchase and sadly the last two years of heartache are a result of this oversight

    Good luck in your pursuit of this trader
    Why would any rolling incidents always show on a HPI? If a claim wasn't made,there'll be nothing on HPI.
  • johnswife
    johnswife Posts: 1,746 Forumite
    Part of the Furniture Combo Breaker
    Thank you as i said my daughter and fianc! (now husband) were inexperienced and too trusting. They did all the paperwork checks, My husband has bought and sold many cars so knows what to look for, they did not.
    I will list some of the items that need attention from the RAC report but it was quite long:
    Roof Panel -Unsatisfactory repair
    Roof Panel - Filler
    Roof Panel - Corroded
    A Post right - Unsatisfactory Repair
    A Post right - Corrosion Protection Poor
    B Post right - Unsatisfactory Repair
    B Post right - Damaged
    Door Front right - Previous Repair evident
    Door Front right - Paint defect rippled
    Door front right - damaged
    Door rear right - Unsatisfactory repair
    C Post right - Unsatisfactory repair
    C Post right - Dented
    C Post right - Welds missing
    Right rear seat belt - Not re-coiling
    right rear light unit - Poor fit
    Tailgate - hinge bent
    Tailgate - Unsatisfactory repair
    Tailgate dented
    Bumper cover Rear - Unsatisfactory Repair
    C Post left - Unsatisfactory Repair
    C post left - damaged
    Door rear left - Unsatisfactory repair
    Door rear left - Bolt missing from top hinge
    Wing rear left - Unsatisfactory repair
    Door rear left - dented
    B post left - Unsatisfactory repair
    Door front left - Dmaged
    Door front left - Poor previous repair
    A Post left - Unsatisfactory repair
    Door front left - Unsatisfactory repair
    Wing front lleft - Unsatisfactory repair
    Both Front brakes - Excess wear
    Sill left - dented
    Under body - shields/covers - front - missing
    Left damper Gaiter - Insecure
    Sill right - Dented
    Right Damper Gaiter - insecure
    Sill right - Both jacking points damaged
    Wing rear right - Not attached to inner wing
    Wing rear left - Not attached to inner wing
    Both front fog lights - not working
    Tailgate - Not latching on second catch
    Bumper front cover - out of Alignment
    Door front right - Mis - Aligned
    Rear door right - Mis aligned
    Door front left Mis aligned
    Door rear left - mis aligned
    Tailgate - mis aligned

    Those were the items needing attention, there we other points raised.

    Needless to say my daughter learnt a valuable lesson.

    Anyway I will post if there are any developments .
    2013
    Necklace, £500, Marquee, Tickets Home Improv show, Patternity Tights.tickets to Cruise Show,kindle cover, 2 tickets Brisfest. Tin of personalised chocolates.Hawking DVD, McCain voucher, clay modelling set,Chocolate, Book,Raleigh 125th Book.
    2014
    tickets to Gadget show, Hotel Spa break for 2 + £300
  • Stoke
    Stoke Posts: 3,182 Forumite
    A lesson? Dear me, did she look at the thing? It must look a right state... :\

    Please don't take offence by that because my girlfriend has also been bitten by a naughty trader. She instantly liked the car and bought it, without letting anyone check it over. It was dangerously unsafe although not as bad as yours.
  • force_ten
    force_ten Posts: 1,931 Forumite
    Eighth Anniversary 1,000 Posts Combo Breaker
    Wow that is some catalogue of errors

    From what you have listed the only place that car should be going is to the crusher

    The sad thing is if you ever recover your money and the car goes back to the dealer he will probably just sell it to somebody else
  • johnswife
    johnswife Posts: 1,746 Forumite
    Part of the Furniture Combo Breaker
    Actually in all fairness, to the untrained eye it didn't look as bad as it sounds.I think she liked the colour lol
    It's been outside un touched for nearly two years, that car is not going to be driven anywhere, it will need a tow truck.
    2013
    Necklace, £500, Marquee, Tickets Home Improv show, Patternity Tights.tickets to Cruise Show,kindle cover, 2 tickets Brisfest. Tin of personalised chocolates.Hawking DVD, McCain voucher, clay modelling set,Chocolate, Book,Raleigh 125th Book.
    2014
    tickets to Gadget show, Hotel Spa break for 2 + £300
  • CKhalvashi
    CKhalvashi Posts: 12,134 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Stoke wrote: »
    Sounds like the chassis is twisted.

    Unfortunately, getting it on a jig will cost in excess of £600 unless you're very friendly with the garage.

    I was thinking that, it definitely seems to have been in a prang at some point in its life, and repaired badly.

    I've had a prang in my latest car (2 actually, neither were my fault), and whilst they've both done through insurance, the car itself shows up as HPI clear as it was repaired to high standard and wasn't big in comparison to the value of the car.
    johnswife wrote: »
    Actually in all fairness, to the untrained eye it didn't look as bad as it sounds.I think she liked the colour lol
    It's been outside un touched for nearly two years, that car is not going to be driven anywhere, it will need a tow truck.

    You won't be able to see hinges missing unless you know EXACTLY what you're looking for, so to the untrained eye, I can believe it looked an ok car.

    CK
    💙💛 💔
  • Stoke
    Stoke Posts: 3,182 Forumite
    CKhalvashi wrote: »
    I was thinking that, it definitely seems to have been in a prang at some point in its life, and repaired badly.

    I've had a prang in my latest car (2 actually, neither were my fault), and whilst they've both done through insurance, the car itself shows up as HPI clear as it was repaired to high standard and wasn't big in comparison to the value of the car.



    You won't be able to see hinges missing unless you know EXACTLY what you're looking for, so to the untrained eye, I can believe it looked an ok car.

    CK
    That's fair enough but stuff like a misaligned boot, I'd be looking for (mainly because it's a sign of a rear ender.
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