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Bought a faulty used car. Trader is ignoring me.

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  • jonesMUFCforever
    jonesMUFCforever Posts: 28,898 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    MalMonroe 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. 
    What is it with you?
    I post accurate information - S75 for example - credit card payments must have a debtor /creditor relationship for example and there is a mechanism called chargeback which you can use with both debit and credit cards. It is not guaranteed to work but much better than a bank transfer which is like giving someone cash.
    In future please do your homework before posting.
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    MalMonroe 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. 
    Is your name Tony?
  • Spank
    Spank Posts: 1,751 Forumite
    Tenth Anniversary 1,000 Posts Photogenic Name Dropper
    waamo said:
    MalMonroe 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. 
    Is your name Tony?
    I wasn't the only one then.
  • George_Michael
    George_Michael Posts: 4,251 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    MalMonroe 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. 
    What is it with you?
    I post accurate information - S75 for example - credit card payments must have a debtor /creditor relationship for example and there is a mechanism called chargeback which you can use with both debit and credit cards. It is not guaranteed to work but much better than a bank transfer which is like giving someone cash.
    In future please do your homework before posting.
    It's called trying to make yourself look big by correcting others but unfortunately when someone tries this without actually having any knowledge of what they are writing about, it certainly makes them look something and it's not big.
  • matt4p
    matt4p Posts: 19 Forumite
    Sixth Anniversary 10 Posts Combo Breaker

    tacpot12 said:
    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.
    Yeah I've done all of that. I believe I am entitled to a refund if they refuse to fix it. Seeing as they are ignoring my calls, I take that as refusing to fix the problem.
  • matt4p
    matt4p Posts: 19 Forumite
    Sixth Anniversary 10 Posts Combo Breaker
    I've had conversations with Citizens Advice and they have instructed me on sending letters using their templates. I have given the dealership 2 weeks from the date they received the letter (Tracked to them via Royal Mail) So in a few days time I will be opening a claim. I'm not so sure how that works at this time but ultimately I don't want a car from a seller who, if they do repair it, will do the cheapest way they can. I have checked them out online since and have seen they are doing the same to many buyers, selling faulty cars, not posting off the log to DVLA, claiming they will send on the Service book, blocking the sellers phone number and not fulfilling their promises. Very frustrating and I hope i can claim back the court cost if i win. 
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    matt4p said:
    I've had conversations with Citizens Advice and they have instructed me on sending letters using their templates. I have given the dealership 2 weeks from the date they received the letter (Tracked to them via Royal Mail) So in a few days time I will be opening a claim. I'm not so sure how that works at this time but ultimately I don't want a car from a seller who, if they do repair it, will do the cheapest way they can. I have checked them out online since and have seen they are doing the same to many buyers, selling faulty cars, not posting off the log to DVLA, claiming they will send on the Service book, blocking the sellers phone number and not fulfilling their promises. Very frustrating and I hope i can claim back the court cost if i win. 
    It's over £400 to lodge a claim. I hate to say but the likelihood of you getting anything back is about nil. Do you really want to fork out just to make a point? I appreciate you may do but it's an expensive point.
  • matt4p
    matt4p Posts: 19 Forumite
    Sixth Anniversary 10 Posts Combo Breaker
    waamo said:
    matt4p said:
    I've had conversations with Citizens Advice and they have instructed me on sending letters using their templates. I have given the dealership 2 weeks from the date they received the letter (Tracked to them via Royal Mail) So in a few days time I will be opening a claim. I'm not so sure how that works at this time but ultimately I don't want a car from a seller who, if they do repair it, will do the cheapest way they can. I have checked them out online since and have seen they are doing the same to many buyers, selling faulty cars, not posting off the log to DVLA, claiming they will send on the Service book, blocking the sellers phone number and not fulfilling their promises. Very frustrating and I hope i can claim back the court cost if i win. 
    It's over £400 to lodge a claim. I hate to say but the likelihood of you getting anything back is about nil. Do you really want to fork out just to make a point? I appreciate you may do but it's an expensive point.
    The repairs are likely to cost in excess of £2000
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    matt4p said:
    waamo said:
    matt4p said:
    I've had conversations with Citizens Advice and they have instructed me on sending letters using their templates. I have given the dealership 2 weeks from the date they received the letter (Tracked to them via Royal Mail) So in a few days time I will be opening a claim. I'm not so sure how that works at this time but ultimately I don't want a car from a seller who, if they do repair it, will do the cheapest way they can. I have checked them out online since and have seen they are doing the same to many buyers, selling faulty cars, not posting off the log to DVLA, claiming they will send on the Service book, blocking the sellers phone number and not fulfilling their promises. Very frustrating and I hope i can claim back the court cost if i win. 
    It's over £400 to lodge a claim. I hate to say but the likelihood of you getting anything back is about nil. Do you really want to fork out just to make a point? I appreciate you may do but it's an expensive point.
    The repairs are likely to cost in excess of £2000
    Ouch. That's nasty. I really feel for you. It's an awful thing to say but this is a common situation. If you win a claim he will dissolve the company before you can enforce anything. That's if he hasn't done so already.

    Yes you are almost certain to win a court claim. As I've said the odds of you getting anything are about nil. I hate to say but it's your call as to what to do.
  • matt4p
    matt4p Posts: 19 Forumite
    Sixth Anniversary 10 Posts Combo Breaker
    waamo said:
    matt4p said:
    waamo said:
    matt4p said:
    I've had conversations with Citizens Advice and they have instructed me on sending letters using their templates. I have given the dealership 2 weeks from the date they received the letter (Tracked to them via Royal Mail) So in a few days time I will be opening a claim. I'm not so sure how that works at this time but ultimately I don't want a car from a seller who, if they do repair it, will do the cheapest way they can. I have checked them out online since and have seen they are doing the same to many buyers, selling faulty cars, not posting off the log to DVLA, claiming they will send on the Service book, blocking the sellers phone number and not fulfilling their promises. Very frustrating and I hope i can claim back the court cost if i win. 
    It's over £400 to lodge a claim. I hate to say but the likelihood of you getting anything back is about nil. Do you really want to fork out just to make a point? I appreciate you may do but it's an expensive point.
    The repairs are likely to cost in excess of £2000
    Ouch. That's nasty. I really feel for you. It's an awful thing to say but this is a common situation. If you win a claim he will dissolve the company before you can enforce anything. That's if he hasn't done so already.

    Yes you are almost certain to win a court claim. As I've said the odds of you getting anything are about nil. I hate to say but it's your call as to what to do.
    So i guess the Consumer Rights Act doesn't mean much then. I can see he has already renamed his business atleast once before and changed phone numbers since my issue started.
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