Found Fault cover up after owning car 2 days

70sthrowback

End of May 2015

70sthrowback

OK spoke to the owner who put the phone down on me, before that happened, I basically said to him that the car is unroadworthy and I want a full refund. His reply was it hasn't changed since Sunday, to which I replied no, but on Sunday I didnt know that it was an MOT Failure. As a layperson I couldn't check the ABS control unit for faults or know that the instrument had been tampered with. I quoted SOGA and RTA 1988 that he had sold me an unroadworthy car and explained as a dealer it was his responsibility to ensure it was roadworthy. He responded to say it has a valid MOT, which I said that just means it was roadworthy at that point, not that it is now, and it is his responsibility to check that as a dealer.

We went round in circles for a minute or two, he accused the garage who looked at it of scaremongering and being incorrect. Accused me of using fancy words. He must think I am an idiot. Then he said bring it down and I will check the brakes, if the brakes fail the test then we will see, if not then you get nothing. I re-iterated its not just the brakes that make it unroadworthy it is the seat belt tensioners and the warning lights and as such I want a refund. At that point he put the phone down on me.

He did confirm he had read my previous emails, so I have emailed him a summary and said I have not accepted the car and want a full refund. If he doesn't agree I will go down the legal route, get the garage who inspected it to produce a report and then take it for an MOT, which of course it will fail and then it is then undriveable.

I will try and speak to him again, but do you think I should log this officially with CAB and get Trading Standards involved?

Tilt

Just came across this and see that there is some good advice been given.

I think (unless you already have) now the OP should send a formal letter of rejection (by post) giving the seller a 'reasonable time' to respond by arranging to collect the car and give a full refund. Once the letter has been posted, you no longer assume ownership of the car so you must not use it again. You could also deliver the keys and V5 to the seller which will tell him that you mean business.

After the 'reasonable time' has elapsed (I suggest a period of 10 days from the date of your letter), you then send a 'letter before action' (LBA) giving notice that you intend to issue an application through the small claims court against the seller.

I suggest that you no longer engage in any verbal communication with the seller and stick to written correspondence only. Obviously keep copies of everything.

As for trading standards, yes, you could inform them (via CAB) but I doubt they will be too interested unless they have a record of cases against this particular seller.

dannyrst

Tilt wrote: »

Just came across this and see that there is some good advice been given.

I think (unless you already have) now the OP should send a formal letter of rejection (by post) giving the seller a 'reasonable time' to respond by arranging to collect the car and give a full refund. Once the letter has been posted, you no longer assume ownership of the car so you must not use it again. You could also deliver the keys and V5 to the seller which will tell him that you mean business.

After the 'reasonable time' has elapsed (I suggest a period of 10 days from the date of your letter), you then send a 'letter before action' (LBA) giving notice that you intend to issue an application through the small claims court against the seller.

I suggest that you no longer engage in any verbal communication with the seller and stick to written correspondence only. Obviously keep copies of everything.

As for trading standards, yes, you could inform them (via CAB) but I doubt they will be too interested unless they have a record of cases against this particular seller.

Only one thing to add. Send everything by post using recorded delivery. No more emails.

70sthrowback

Thanks Tilt. I have stopped using the car so thats a tick in the box. I dont have the V5C back from the DVLA yet as I only bought it on sunday.

I have just called CAB and they are over-run so are calling me back.

Do you think I should put the car through an MOT to provide evidence its unroadworthy? Although to do that means I have to drive it.

Thanks for the advice. I really hoped the garage would be more understanding I know they dont want to refund as is it means they may incur a loss. But they could fix it at cost and probably not lose much if anything at all.

Oh well

Tilt

70sthrowback wrote: »

Thanks Tilt. I have stopped using the car so thats a tick in the box. I dont have the V5C back from the DVLA yet as I only bought it on sunday.

I have just called CAB and they are over-run so are calling me back.

Do you think I should put the car through an MOT to provide evidence its unroadworthy? Although to do that means I have to drive it.

Thanks for the advice. I really hoped the garage would be more understanding I know they dont want to refund as is it means they may incur a loss. But they could fix it at cost and probably not lose much if anything at all.

Oh well

Unless you have already formally rejected it, why not?

Please be aware the dealer may already know the system so should you take him to court, don't expect a quick result. You should also make sure that he has actual assets that can be seized if necessary. It's not unknown for rogue dealers to have stuff in someone else's name thus hiding what they actually own.

70sthrowback

I have checked his company records. He is the registered owner of the dealership which has been in existence for 5 years. According to the checks they have £40k of assets, basically a full car lot of user cars and also cash in the company account.

Is there any point doing the MOT though, will I need the extra evidence. As this will obviously cost me and also there is the time factor. I have spoken to the specialist and they are happy to write a report. This is not subjective stuff like wear and tear, neither the ABS or Airbag light come on and go off which is a fail. So do I need more evidence?

Joe_Horner

No need to put it through an MOT. You have the faults identified by a professional and those faults are enough to make it unroadworthy (though probably not unsafe).

I'd suggest contacting Trading Standards regardless of whether or not they're likely to do anything directly. people keep saying "they'll do nothing unless they already have a file" but, if you don't tell them, they'll never get a file.

It can be a pain in the neck but the only way to stop cowboys in the long term is to point them out to those with authority regardless of whether or not you get any direct benefit from doing so.

Look at it this way - assuming this isn't a one-off from him then, if the last dozen people with problems had reported him, he may not have been trading to sell you this one in the first place. If they "don't bother cos it'll do no good" then he gets to sell you his next lemon.

Tilt

Thinking about it, I agree with Joe Horner. You already have the proof that the warning lights have been de-activated which means it will obviously fail anyway.

bod1467

dannyrst wrote: »

Only one thing to add. Send everything by post using recorded delivery. No more emails.

I disagree ... you don't need recorded delivery. Simply post 1st class via the PO and get a free certificate of posting. The letter is deemed "served" (delivered) within 2 working days, and there's no need to bother with the expense of recorded or the risk of it being rejected (not signed for).

Interpretations Act 1978.