Defective Car Bought. Going to Small Claims - Consumer Rights Act 2015 help needed

Anthonyuk_2

Hi,

I was hoping someone could help me.

Basically in April I bought a used car from a trader. The car broke down pretty much straight away and now wont start up at all.

I had spoken to consumer direct who told me to write to the trader and tell them as I have had the car under 30 days I am rejecting the car and seeking a refund because the car was not fit for purpose and was not as described (the trader when I bought it said the car was perfectly ok with nothing wrong with it, it infact had a serious fault).

The Trader who sold me it as a result of my letter has came around to my house today shouting and swearing and being abusive. He offered me a lesser car than the one I bought from him, valued at the same price on his website. But he was wanting me to pay him £300 more for it. And it would be classed as a private sale not trade so no comebacks if anything is wrong with this other car.

Obviously I rejected this offer. He has told me to take him to small claims and all he will do is leave the country and so I won't get the car or the money, or if I do it will not be until a year has passed as he wont be in the UK for many months so I will be out of the car and no money for all this time that he deliberately messes me and the court about to drag this out as long as he can (I know this is an empty threat as the courts wont allow this to go on).

But anyway. I am now in the situation I need to draft up my particulars of claim for a consumer rights 2015 claim on the basis that the car was both not fit for purpose. And not as described.

I have looked over the Consumer Rights Act and I am not sure which sections of the Consumer Rights Act apply to used car purchases.

Can anyone help and advise which sections of the consumer rights act I would bring my claim under. i.e section 22(4) or something like this.

Thank you in advance.

bobbymotors

not sure about what law to use but best of luck with this the bloke sounds like a right tool.

Please name and shame to avoid others getting caught.

usefulmale

I would take him to court just on the strength of his threat to leave the country.

s_b

you have sent the letter before action
trader has come round and told you what to do with it
hes told you hes an itinerant too
you now need to stop using the car (yes i know you cant but its the rules)
the trader has offered alternative dispute resolution by trying to rip you more
so you now need to proceed to small claims,i would however find out information about him before you spend the necessary funds incase he does indeed flip off
one would think that unfair corrupt trading would bring the full force of the mounted police to his door and give him a dammed good wacking but unfortunately you find yourself out of pocket left on your own devices and a very heavy paperweight stuck on your drive
welcome to broken britain

Anthonyuk_2

hes told you hes an itinerant too

No I think he just likes to go on holiday a lot. The car I bought was from a trader who have been around for years.

I am not sure if I should name the trader on the open forum due to potential sub-judice issues.

s_b

Anthonyuk wrote: »

No I think he just likes to go on holiday a lot. The car I bought was from a trader who have been around for years.

I am not sure if I should name the trader on the open forum due to potential sub-judice issues.

I would advise not naming
an itinerant means many things by the way

AdrianC

The guy is a grade-A plank. Document everything. Don't communicate with him again except in writing. Get dates and times and notes of every conversation until now. Get a court claim straight in.

s_b

AdrianC wrote: »

The guy is a grade-A plank. Document everything. Don't communicate with him again except in writing. Get dates and times and notes of every conversation until now. Get a court claim straight in.

no
as i say use due diligence first
theres no point taking case to court winning and finding non of the cars on his plot he owns and he lives in rented accomodation so no funds and hes in spain.......

Anthonyuk_2

s_b wrote: »

no
as i say use due diligence first
theres no point taking case to court winning and finding non of the cars on his plot he owns and he lives in rented accomodation so no funds and hes in spain.......

Well what do you suggest I do? The guy has slammed the phone down on me saying "take us to court".

The guy has 11 cars listed on Autotrader right now. All trade sales, all down under the company name.

However he is only offering me one car. On the basis I pay him £300 more. And on the other basis that its bought off a "mate of his" and is not bought from the car sales. It is a private sale meaning no comebacks. Which he even said is bought with no comebacks from him.

And yet like I say this car he is offering is on their car website being listed for the same price I paid for my defective car. I phoned up asking for another car on ther site that I would pay £100 more for that I liked the look of more. And he said all he is offering is that one car. And £300 more. Nothing else.

The car he is offering is clearly another pile of junk he is just trying to get rid of and see's me as 'mug number one'

s_b

Anthonyuk wrote: »

Well what do you suggest I do? The guy has slammed the phone down on me saying "take us to court".

The guy has 11 cars listed on Autotrader right now. All trade sales, all down under the company name.

However he is only offering me one car. On the basis I pay him £300 more. And on the other basis that its bought off a "mate of his" and is not bought from the car sales. It is a private sale meaning no comebacks. Which he even said is bought with no comebacks from him.

And yet like I say this car he is offering is on their car website being listed for the same price I paid for my defective car. I phoned up asking for another car on ther site that I would pay £100 more for that I liked the look of more. And he said all he is offering is that one car. And £300 more. Nothing else.

The car he is offering is clearly another pile of junk he is just trying to get rid of and see's me as 'mug number one'

you will have to take him to court to get your money back but as ive said twice already, make sure he has assets, a lot of traders dont own the cars they sell
make sure you speak to citizens advice again and make them aware of all the facts
they will give you a case number as well which you can use in your defense if you go the court way

glider3560

Is he trading as a sole trader or a Ltd company? If the latter, you may be able to find out more about the company's assets.