Advice please- was sold a dodgy car

EmilyJ90

Hi all,

I was just looking for some advice, it’s a bit long winded- apologies!

So I was looking for a car and found one on FB marketplace that seemed okay, contacted the seller who said I could go and view the car.

The Listing stated it had a new water pump, very good clutch and in good condition apart from minor cosmetic scratches/dents and crack in the windscreen.

I went and viewed the car the next day, I’m not a mechanic but checked the tyres, lights and had a look under the bonnet although I have no idea what I’m looking at 🙈, started the car up, checked the handbreak etc.
The seller said unfortunately I wouldn’t be able to test drive it as it had no insurance, he said he bought the car for his dad but he wanted to stick to his diesel, It seemed pretty plausible so I thought nothing of it. 

I asked if he knew the reason the previous seller sold it to which he said he didn’t ask, he said he wasn’t aware of any issues with the car.

I came home had a think, checked the previous MOT history online, no fails only minor advisories on past ones.

Agreed with the seller to buy it and paid a deposit by bank transfer of £300 and agreed to pay the rest in cash the following day when collecting it.

I drove the car home (around 10min drive) and it seemed absolutely fine, it was left for 2 days as I didn’t go anywhere. The day I drove it the engine management light came on and the car seemed to be loosing a bit of power every now and again, I spoke to a garage who said it could be the coil pack and spark plugs needing to be replaced. 

The day after I drove it and it broke down, the rac said the clutch slave cylinder had come off and the clutch was to the floor, they also found that the crank shaft bolt had no thread 🤷‍♀️ So they towed me to a garage. 
This was Saturday morning, the garage didn’t get around to checking the car over until Monday when they phoned and said the clutch had gone and it would cost just over £1600 to fix.
I then contacted the seller who said it was sold as seen and a private sale. I told him that I would like my money back to which he didn’t reply. A good few hours late he messaged and said he would take the car back for £650- I laughed and said no I wanted a full refund then he blocked me.
I then starting looking up his name and found that he is constantly advertising/selling cars aswel as lots he’s breaking. I have screenshot over 30 cars he has sold since February 26th this year). Also lots of posts of him advertising to buy scrap non running cars. 

Would this deem him actually as a car trader? 

I then wanted to see if he had bought the car locally so searched local sites and found nothing, I checked the MOT history and found where the last MOT was done and joined a local site to where it was done and actually found the advertisement he bought it from, it was sold as spares/repairs- non runner as the water pump had gone which had caused the engine to cook. 

I contacted the original seller who said the he was made aware of the issues when he bought it and he towed it away. 

There is no paperwork with the car to say any work has been carried out between the time he bought it and the time I bought it from him (11 days). 

Trading standards sent me a letter that I have sent him but I can’t see him replying.

Would it be worth taking him to small claims court? 

Would he have been aware of the clutch issue before I bought it?

DUTR

You weren't sold a bad car , you bought perhaps a bad one, yeah there are thigs you could have done prior to purchase LIKE BRING SOMEONE ALONG WHO PERHAPS HAS MORE EXPERIENCE OF MOTOR VEHICLES.
Yeah take him to small claims, don't for get to let us know how you got on.

waamo

You would probably win a small claim. Getting any money out of him is a different kettle of fish entirely. I doubt he will care about a ccj.

I hate to say but the chances are your money has gone. 

myfyr

waamo said:

You would probably win a small claim. Getting any money out of him is a different kettle of fish entirely. I doubt he will care about a ccj.

I hate to say but the chances are your money has gone. 

I bet he hasnt told HMRC that he is a car trader so use that as leverage perhaps?

AdrianC

So what price was this car...?

walwyn1978

As mentioned you could go to small claims but you’re very unlikely to see any money, even if you win (which from what you’ve said is likely) 

You know where he lives, since presumably you picked it up there. Could you go round and request your refund face to face? He offered you £650, would you take that now if he offered it? Could you ask for that again face to face? I know it’s not what you paid but surely that beats nothing? 

Do you have a written record (email, text, WhatsApp, whatever) of the £650 offer?

EmilyJ90

walwyn1978 said:

As mentioned you could go to small claims but you’re very unlikely to see any money, even if you win (which from what you’ve said is likely) 

You know where he lives, since presumably you picked it up there. Could you go round and request your refund face to face? He offered you £650, would you take that now if he offered it? Could you ask for that again face to face? I know it’s not what you paid but surely that beats nothing? 

Do you have a written record (email, text, WhatsApp, whatever) of the £650 offer?

No I still wouldn’t accept the £650 as that’s more than he actually paid for the car in the first place so he’s got money in his pocket and the car for free to try to and rip someone else off with. 

Yes I’ve got the message where he offered £650 back.

EmilyJ90

AdrianC said:

So what price was this car...?

£1300

Scrapit

Always, always have a test drive. No insurance? You can buy an hours cover. But if the vender wants a sale they will sort this. If not go find another motor.

pinkshoes

You have evidence that stated the clutch was good which it clearly wasn’t, you have evidence he is a dealer, you have evidence that he liked about why he had the car.

Send a letter before action giving him 14 days to collect the car and refund in full, otherwise you ill be taking him to court for a full refund plus all expenses, enclosing a copy of all the evidence you will be using.

He might or might not have money to pay but sometimes it is worth getting the CCJ against him.

EmilyJ90

pinkshoes said:

You have evidence that stated the clutch was good which it clearly wasn’t, you have evidence he is a dealer, you have evidence that he liked about why he had the car.

Send a letter before action giving him 14 days to collect the car and refund in full, otherwise you ill be taking him to court for a full refund plus all expenses, enclosing a copy of all the evidence you will be using.

He might or might not have money to pay but sometimes it is worth getting the CCJ against him.

I have posted him a letter that trading standards emailed me, he’s received it today. I didn’t state in the letter about him being a trader and buying the car as a non runner, I left it vague that he stated it had a very good clutch and was in good condition and it doesn’t match the description, the rest of the evidence I’ll keep for court if needs be.
Im hoping he will get in contact but he was so quick to block me I can’t see it 😞.