Some reassurance please

nickybubbles

I brought a used car in February, I agreed with the vender that he would reduce the cost because an EML was on. He said this was because of an exhaust sensor and would cost aout £135. The car was priced at £995, I got it for £900.
27 days later a mechanic looked at the car and told me that the Cat had been replaced with a pipe, and there was many other faults, some dangerous that should not have passed the MOT in December. Aslo, the milage on the MOT says about 100,000 whilst the vehicle says about 63,000. (i do not have the full advert to show the milage advertised) I caled the garage that day and was basically told tough
The car was advertised with a warrenty but none was offered. I returned the car as not fit for purpose on the 28th day.
The garage refused a refund and asked me what i expected for a £900 car. he offered and astra and told me he had the right to repair.
i have read the consumer rights act so know i had the right for a full refund
So, we go to court. He has requested (and was granted) to move the venue to a london court, because he says he lives and works there.
at every stage i have written to him (recorded delivery) but he has never signed for any of the letters. I have hand delivered all of those letters
The court asked that i send them and the garage all documents, which i have. again he has not signed for this. i have not hand delivered these documents as yet, but i do have proof that i attempted to send.

I am obviously worried about the whole process, i'm sure i have done everything correctly by what i have read about the Consumer Rights Act, but would like some reassurance and advice if you have any for me
.Thank you

hollydays

How does he explain the mileage discrepancy?

societys_child

at every stage i have written to him (recorded delivery) but he has never signed for any of the letters. I have hand delivered all of those letters

Stop using recorded delivery. Send duplicate letters from two PO's and obtain 'Proof of Postage" (it's free) from each.

nickybubbles

He said it was a genuine error on the part of the MOT inspector
I have the vehicle history and it shows t going from 63 to 100 inbetween MOTs

nickybubbles

I do have proof of postage for each letter

hollydays

nickybubbles wrote: »

He said it was a genuine error on the part of the MOT inspector
I have the vehicle history and it shows t going from 63 to 100 inbetween MOTs

And you've discussed this with the regulating authority?

nickybubbles

Sort of, apparently the you have to go through the CAB to report to trading standard, I did this but I've heard nothing more, but I think that's standard.

hollydays

You need to report it to the dvsa as far as I understand it.
It's the first thing I'd have done

nickybubbles

I may have done this too, i'll have to check. if I haven't I will. thanks

societys_child

nickybubbles wrote: »

I do have proof of postage for each letter

Your mistake was requiring a signature.

If they refuse to sign, then they're not delivered, however
normal First Class is deemed delivered within two days of posting, without needing any signatures, just the PoP!

Jumblebumble

hollydays wrote: »

How does he explain the mileage discrepancy?

Does he need to if he has handed over an MOT that clearly does not agree with the Odometer ?
He will probably just say he told the OP that this was the case and the OP agreed to buy as is.