Bought a faulty used car. Trader is ignoring me.

matt4p

Hi 
I need some advice on the purchase of a used car which not only turned out faulty but the dealer is acting very suspicious.
I bought a used car during lockdown in May from a Used Car Dealership in Epping, Essex. Warning lights on the car during test drive were sold to me as simply because the car battery was low due to not being used in the lockdown. I was also told that the Dealer would be receiving the vehicle service log in the post from the Trader they sourced it from and it would then be posted out to me.
Anyway, those warning lights were not resolved when the battery was run up like the dealer said. Also, Park Brake is not working now with errors and also having suspension issues. Guess what? The Service Log book never arrived and I haven't even had the V5C from DVLA because they haven't had the paperwork from the seller.
The dealer does not respond to my phone calls, text messages, emails or answer machine messages.
I have now sent 2 letters blurting the Consumer Rights Act and that I demand a repair or a refund.
My question now at this stage is... Taking them to small claims will cost me over £400 because the car cost was £8000..
Am I likely to be able to redeem this cost in some way? It seems unfair that i'm robbed by a criminal and it cost me.
What are your thoughts or tips?
Any feedback will be appreciated

Matt

waamo

If you win your case then costs get added to the claim so you get them back. The big question is would he pay up? 

How did you pay?

matt4p

Bank Transfer

matt4p

Natwest called me at the time to go through some questions with me due to the sum.
I just want to return the car for a refund. I dont trust them repairing it now.

waamo

How much will it cost to fix? You would, in all probability, win a claim however getting the money is a different kettle of fish entirely. I have a sneaky feeling this rogue trader has done this many times before and is well versed in dodging debts.

Whilst it might stick in the craw the easiest thing might be to get it fixed and either keep it knowing it's fixed or trade it if you've lost confidence in it.

tacpot12

It's too late to return the car, you are only entitled to a repair.

You need to send a letter before action; get a proof of posting, but don't sent it recorded delivery. In the letter you should set out your problems, and what you want them to do about them, and also offer to go to mediation to resolve the issue. Which Magazine has example letters you can use as a basis. If they are being unresponsive, and they are a limited company, perhaps they are aiming to change their name before you can get to court. 

If you were told that the warning lights were due to the car not having been run, and this was not correct, the car is also not as described and you should include this point in your claim. Start keeping records ready for the court case. Be prepared to spend more fees to get a High Court order that will allow High Court Bailiffs to seize goods. 

You might try visiting their premises to see if you can open a dialog with them, but go with a friend and a calm head. Record the conversation covertly - you are allowed to do this. Whether a judge will allow it in court is another matter, but it helps to have a record of what they say, even if you can't play it to the judge.

clive0510

moral of the story is domt buy a faulty used car from a trader in essex.

Grumpy_chap

matt4p said:

It seems unfair that i'm robbed by a criminal and it cost me.

Sadly, that is how it seems.

jonesMUFCforever

To take the emotion out of the replies - by making a bank transfer you have no comeback from your bank and you have no consumer rights that you may have had if you had paid with a debit or credit card.
You are left with the option of taking them to court.

MalMonroe

jonesMUFCforever said:

To take the emotion out of the replies - by making a bank transfer you have no comeback from your bank and you have no consumer rights that you may have had if you had paid with a debit or credit card.
You are left with the option of taking them to court.

Here you go, giving someone else wrong information!!  You have no comeback if you pay with a debit card either. 

waamo

MalMonroe said:

jonesMUFCforever said:

To take the emotion out of the replies - by making a bank transfer you have no comeback from your bank and you have no consumer rights that you may have had if you had paid with a debit or credit card.
You are left with the option of taking them to court.

Here you go, giving someone else wrong information!!  You have no comeback if you pay with a debit card either. 

It's not entirely wrong. Many banks offer a chargeback scheme for debit cards. Whilst it doesn't offer the protection section 75 does it does offer some protection.