Small claims court

Hansimpson

I recently purchased a car, advertised on Facebook marketplace, I then discovered it is a category S.
The seller did not advertise this at the time, however he edited his post to say this. I have proof of it being edited, I just do not have the original post. I also have evidence of conversation where I ask if the car is category S as I noticed a small dent, he told me he had no idea of any bump.

I have been in touch with CAB regarding this and the next step is small claims court. I am wondering if anyone has been through a similar thing as I am worried I do not have enough evidence. Or if anyone is aware of how to seek the original ad?

any advice is appreciated 

foxy-stoat

Private seller or trader?

neilmcl

foxy-stoat said:

Private seller or trader?

Does it matter?

Hansimpson

foxy-stoat said:

Private seller or trader?

It was a private seller, however he has been reported to trading standards as it appears he is acting as a private seller, but sells a number of cars 

AdrianC

Hansimpson said:

I recently purchased a car, advertised on Facebook marketplace, I then discovered it is a category S.
The seller did not advertise this at the time, however he edited his post to say this.

Before or after you agreed to buy it?

Did you see the V5C before agreeing to buy it? The V5C will say on it that it's CatS, in the notes section on the cover. Did you check that the V5C you saw was the most recently issued one?

Did you do any HPI check before agreeing to buy it?

neilmcl

Hansimpson said:

foxy-stoat said:

Private seller or trader?

It was a private seller, however he has been reported to trading standards as it appears he is acting as a private seller, but sells a number of cars 

Private seller or trader the rules regarding selling cars not as described remains the same.

Hansimpson

AdrianC said:

Hansimpson said:

I recently purchased a car, advertised on Facebook marketplace, I then discovered it is a category S.
The seller did not advertise this at the time, however he edited his post to say this.

Before or after you agreed to buy it?

Did you see the V5C before agreeing to buy it? The V5C will say on it that it's CatS, in the notes section on the cover. Did you check that the V5C you saw was the most recently issued one?

Did you do any HPI check before agreeing to buy it?

I can’t be sure exactly if it was before I bought the car, I know it was after I arranged to travel to see the car, I did not go back to the advert after I organised a viewing.

I also had no idea it states that information on the V5C either, stupidly no we didn’t HPI it beforehand 

Dr_Crypto

Let’s assume you get a judgment. How are you going to enforce it? That’s where the real problems start, unfortunately. 

Hansimpson

The car has been to a specialist today who has said the car is not road worthy, surely this must stand for something?

AdrianC

Hansimpson said:

The car has been to a specialist today who has said the car is not road worthy, surely this must stand for something?

Well, it's separate from it being CatS. What's unroadworthy about it?

Whether he's a trader or private seller, it's illegal to sell an unroadworthy car unless he makes clear that it's not to be used on the road in that condition, including you not driving it away.
http://www.legislation.gov.uk/ukpga/1988/52/section/75

That's separate from your right of rejection, however, which will apply within 30 days of sale if you can prove he's a trader and if the fault(s) are not reasonable to expect of a car of that age/price/apparent condition. You would need to return the car and all paperwork/keys to him within 30 days, then if he refuses a refund, take him to court for the money. Unless you've returned the car within 30 days, there's no valid claim for the money.

Then, if you win, you have to enforce the judgement - and, as Dr_Crypto says, that's where the fun starts.

Are you willing to give any more detail at all...?