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

AdrianC

Anthonyuk wrote: »

I bought it on the 13th April.

It was displaying problems the next day

And what did the supplier say then?

So phoned and I arranged to take it to the garage

But not the supplier?

And in this time I have driven possibly 10-20miles in it total over all.

So you had no choice but to be driving it daily for ten days, but only did ten miles in it?

Clive_Woody

Anthonyuk wrote: »

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.

I would advise you also report this to the police, coming to your house and behaving in a threatening manner is entirely unacceptable.

Anthonyuk_2

AdrianC wrote: »

And what did the supplier say then?

But not the supplier?

So you had no choice but to be driving it daily for ten days, but only did ten miles in it?

I never contacted him as I didn't know the law had changed last october over the purchase of used cars so just figured I would have to get it fixed myself at my expense so took it to the garage and paid £174 to the garage expecting a working car. It wasn't so the garage refunded me this £174 but the car now wont start up at all and is stuck outside of the garage and was told by the garage it is literally the worst car internally they have ever seen. And someone has been deliberately tampering with the wiring and error system to hide serious faults with the car.

I only knew my legal rights after phoning consumer direct after being left with a car stuck outside the garage and unable to be moved after 10 days of buying.

I was not using the car every day. I work part time (hence why I am here now posting at 10am on a Friday) and I am needing the car to find full time work.

So I drove the car only some of the days of those 9 days I had it. And then on the Wednesday 20th after it cut out at the traffic lights I did not want to drive it again till fixed so booked to take it in to the Garage for repair on the Friday. So only really had it avaiable to me to drive for 7 days given that.

AdrianC

Anthonyuk wrote: »

I never contacted him as I didn't know the law had changed last october over the purchase of used cars

It didn't change in any way that would make a difference to a case like this.

Anthonyuk_2

AdrianC wrote: »

It didn't change in any way that would make a difference to a case like this.

Like I say, I am not familiar with the law. And honestly thought it was the case of, buy a used car, you are stuck with it as you have no rights.

And I paid £174 to get it fixed and if this fixed it I would have accepted this and got on with my life.

But I cannot accept a car that has such serious faults to not start up at all. Be stuck outside of a garage unmovable 2/3miles from my house. (and thus me have the worry over what do I do if someone phones the police asking for it to be shifted, I am not paying for a tow truck and to bring it to where, my house or what)

And to need to pay £700, and on the statement that this likely wont fix the car due to it being tampered with to hide what is wrong. Is something I did not like at all as it seems that guy I bought it from has deliberately set out to con me.

So being put in this situation. I phoned up Consumer Direct to be told out of the blue I had a lot more rights than I thought I ever did due to the laws changing last October.

If the laws protected me before this. I did not know. Like I say, I thought it was the case that used cars were not covered by any sale of goods laws only brand new cars were.

s_b

so to summarise
youve given us half the facts
youve had the car longer than a day
youve had another garage strip it down possibly break it and to appease you not take any money off you
you have driven it round without insurance and tax
youve ignored all advise regarding starting a case against seller
and i wonder why people of the world dont bother helping deserving soles on the internet no more

case dismissed
damages and costs and a counter claim coming too to claimant.

burlington6

Considering you drive with no insurance, I hope you lose.

Anthonyuk_2

s_b wrote: »

so to summarise
youve given us half the facts
youve had the car longer than a day
youve had another garage strip it down possibly break it and to appease you not take any money off you
you have driven it round without insurance and tax
youve ignored all advise regarding starting a case against seller
and i wonder why people of the world dont bother helping deserving soles on the internet no more

case dismissed
damages and costs and a counter claim coming too to claimant.

No to summerise you have assumed everything you have just listed.

I part exhanged my car towards this one. I was given £95 for my car. And paid £500 cash ontop. I have been insured on that car, whch was transferred to this one. My yearly insurance runs out in June. SO I will need to renew. That is why I said I will need to pay my insurance in a few weeks time.

The car developed faults the day after buying. But I used the car for 7 days before taking it to a garage to repair. As I did not know the laws on buying used cars. Shoot me for that, but is the entire reason I came to this forum to get help on understadning the laws to argue..

The car has been road taxed as I got a refund of road tax from the last car and paid online for this one.

I can post the registration of the car online so people can go to the DVLA car info website if people do not believe me.

Or I can PM it to a moderator if this should not be posted online.

The garage took £174 off me and claimed to have fixed it. Immediately starting up it was not fixed. I then left the car to be fixed with them, on the understanding I would pay more.

However the garage has said it is the worst car they have ever seen and said in their 30 year history have only had to refund two people. I am the second. The car is that bad. The garage has a policy of the car works when it leaves, or I get a refund. The car does not even start up its stuck outside the garage. so they have refunded me.

With regards to ignoring advice over starting a claim. I cannot afford to just scrap the car. I need the car. I have been given numerous advice from people to start the claim. And a couple of people said not to. I need a car and cannot afford to buy another one in the space of a month so want my money back for this thing I paid good money for.

and i wonder why people of the world dont bother helping deserving soles on the internet no more

And you wonder why people are reluctant to seek help to find out the laws and such as you get condescending people jump to conclusions and throw huffs because you seem to think I should take being conned on the chin from this person. I cannot afford to just scrap this car. I used the money I have spare to buy this car. I am not just throwing my £600 down the drain.

Anthonyuk_2

Here is what Admiral had said on the day. I cannot post a snapshot as this forum will not let me post a link as I am a new member even though I have been here for 8 years

Hello Anthony,

A change has been made to your policy.

Policy Number: AD MOT 6941xxxx
Issue Date: 13/04/2016
Customer Service:0333 220 2000

Please read the information below carefully.

I can confirm we have amended the vehicle on your policy with effect from 13 April 2016.

This means a balance of £10.50 is due, which we will debit from the card details we hold on file on, or shortly after 13 April 2016. Please ensure funds are available. This balance includes any relevant administration charges.

Your revised documents are available for you to view online. Please check these carefully and keep in your files as this change may affect your policy excess.

And

Vehicle Registration Number: NA03xxx
Reference Number: 9150 5067 xxxx xxxx
Application Made On: 13/04/2016 13:20:22
Vehicle Tax Period: 12 months
Vehicle Tax Amount Paid: GBP 145.00
Last 4 Digits of Payment Card: **** **** **** xxxx

The law has changed, you do not need to display a tax disc, therefore we will not issue one to you.

Herzlos

I'd contact Trading Standards as well, since the private sale thing is clearly just an attempt to avoid his responsibilities under the Sale of Goods Act.

Realistically though, a £600 car at a dealer is likely to be a £100 car with a £500 markup. How much did he list your trade in at?

You're certainly entitled to go down the small claim route, but he'll do everything he can to drag it out, and even when you win, he's unlikely to pay up. You'd then need to pay for bailiff recovery (if it's over the threshold, I'm not familiar), who will attempt to recover your money from his assets. If he phoenixes or doesn't actually own anything, you're going to get nothing.

So by all means take it to small claims court, but I'd likely be arranging to get the car dropped off on his forecourt and assigned back to him when the tax runs out so that he can't just drag it onto the road and leave you liable. In the mean time I'd be looking at just getting another car (privately, this time, from someone who seems to have looked after the car) and move on. Maybe you'll get some money back, maybe you won't, but you're looking at months of delay and insurance payments before then. Plus the garage it's at will want rid of it sooner or later.

Or you can just scrap it.