Dishonest Car Salesman

Dimples7166

Hi All


I would like to ask form some advise please, as I am unsure of the next step to take. To cut it short, what has happened is:-
We purchased a car from a Car Dealer, and it turned out to be a bad move, as it did not last long until it was un-roadworthy, and also, without our knowledge, as he NEVER divulged - it was a Cat C Write off.


We did not discover this until we sold the car on, and the new owners advised us of it - we approached the salesman ourselves, to ask what he would do about it (OK, it was approximately 10-11 months after the sale), but, this does not alter the fact, that had we known it was a Cat C, we would NOT had purchased it. There was no negotiating with him, and his final words were, take me to court.


I proceeded with small claims, and followed all the procedures - and at each stage, this car salesman has NOT ONCE responded or contacted us about it. Now I have to pay a further £77 to serve a warrant on him!!!! I am unsure what to do next, and if to proceed any further, but, I do not want him to win, because I have discovered he is still doing this, and not advising the fact on his own website, when cars are declared write offs.


Do I continue, or am I fighting a losing battle??


Thanks for help

wgl2014

What are you claiming for, is it the reduction in resale value when you came to sell the car on? If it ended up being unroadworthy it can't have been worth much even without a marker on it.

MataNui

you are not being clear about where in the process you are. Has it been to court? Have you been awarded damages already? If so then is it a worthwhile sum of money? If you have been awarded damages then push it further. Right to the point the enforcement officers turn up with a low loader and take the !!!!! stock off him.

Dimples7166

Hi wgl2014


We bought the car quite quickly as we needed a car quick - however, we did not use it for that long, and it stood in our drive (declared SORN) for a couple of months, before we decided to sell it. I was asking the car salesman, as apparently traders have to declare these types of things to buyers, if he was willing to take the car back and offer us money back (we were not asking for all of it, just a gesture), but, no nothing. We would not have bought this car if we had known about the Cat C!!!!

Dimples7166

Hi MataNui
Sorry - I have put a small claim in to the Court (£900 plus court costs), as he would not respond to the previous correspondence I was advised to send to him by the CBA/Trading Standards. I have served judgement, and again nothing - my next step is serving a warrant, but it will cost me £77 - I am asking 'will it get me anywhere'??
I am just upset and angry, that he can do this and get away with it!!!

MataNui

So the court has awarded you 900 plus costs? If thats the case then yes. push it forwards. The final stage will be bailiffs turning up at his property loading up his stock. By that time he will be looking at a bill of around 1500.

Dimples7166

Hi again
I am not sure if I have been awarded it, as I am unsure how it works, I have never done a small claim online before??
This below, is the status of my online claim:-
Claim History
You submitted a claim on 04/08/2017 at 13:40:13


Your claim was issued on 07/08/2017


You submitted a judgment against STOKE CAR SALES on 30/08/2017 at 13:52:08


Your judgment against STOKE CAR SALES was issued on 31/08/2017 at 19:23:13
So, do I continue and pay out for the warrant to be served @ £77 ??

GunJack

you probably won't see any money without serving the warrant...

System

Dimples7166 wrote: »

Your judgment against STOKE CAR SALES was issued on 31/08/2017 at 19:23:13
So, do I continue and pay out for the warrant to be served @ £77 ??

Do you want your money? If so then yes you pay out for the warrant because it is the only way that you will get your money. The reality is getting a CCJ means nothing, it does not mean you get your money if the debtor decides they don't want to pay it, merely that the court agree you are owed it. The only way to get your money back is to get a collection warrant and get that enforced and that is going to cost you £77.

Dimples7166

Tarambor wrote: »

Do you want your money? If so then yes you pay out for the warrant because it is the only way that you will get your money. The reality is getting a CCJ means nothing, it does not mean you get your money if the debtor decides they don't want to pay it, merely that the court agree you are owed it. The only way to get your money back is to get a collection warrant and get that enforced and that is going to cost you £77.

Ahhhh thank you Tarambor - I will proceed then, as I believe he is in the wrong, and, should not get away with it.
Thanks again

AdrianC

Dimples7166 wrote: »

We purchased a car from a Car Dealer, and it turned out to be a bad move, as it did not last long until it was un-roadworthy, and also, without our knowledge, as he NEVER divulged - it was a Cat C Write off.

We did not discover this until we sold the car on, and the new owners advised us of it - we approached the salesman ourselves, to ask what he would do about it (OK, it was approximately 10-11 months after the sale), but, this does not alter the fact, that had we known it was a Cat C, we would NOT had purchased it. There was no negotiating with him, and his final words were, take me to court.

Cat C? Are you SURE? Because all Cat C cars say so on the V5C... Bottom of the front cover, under notes, there'll be a line about "Substantially repaired and/or accident damaged".

Have you had any independent verification of this at all, other than taking the word of the person who bought it off you? It's hardly unknown for such things to be claimed as an attempt to negotiate a post-purchase discount.