Issues with used car - what to do next?!

Ectophile

If the trader is an individual, there's more hope of successfully suing them. With a company, they could wind it up and start a new one. The only way for a person to get out of a CCJ is to declare bankruptcy, but that's pretty drastic.

Ayr_Rage

You bought a car from Dodgy Dave of Acacia Avenue, who poses as a private seller but you suspect is a trader.

How do you propose to prove that?

I presume you paid him via his private bank account.

It was sold as having a FSH but you somehow now know it hasn't been serviced in 5 years, didn't you ask Dave to see the service records?

Wet belts aren't maintained, they need on schedule oil and filter changes and are replaced at the recommended intervals.

The wet belt could well have failed in the time you have had the vehicle, clogged the filter and caused the oil starvation which resulted in the engine damage, if there wasn't an oil warning light at purchase then trying to prove the wet belt had started to fail is problematic.

Trying to conclusively prove in court that you were sold a lemon is going to be difficult as no doubt DD will argue that he is a private seller and it was sold as seen, unless of course you have the advert that shows it had a FSH.

Joe_Railwayman

Just to update everyone as it's clear I haven't given sufficient detail, and also apologies as I am not into cars particularly and have limited knowledge of the mechanics.

The most important thing here (to me at least) is that the seller is acting as a trader. He is a well known local individual, buys and sells multiple vehicles for profit every week, advertises the car for sale, has a website, and has a yard. He is not simply selling his own used car. As a result I believe I have specific consumer rights under Consumer Rights Act 2015 including the right to repair, replacement or rejection depending on the circumstances.

Car was sold with full service history and running and driving perfectly. I did not check the service history as I had been assured it was full - in hindsight that was ill advised, however I am inexperienced in car sales and maintenance and had relied on the advert and seller's description.

I have copies of the advert stating there was full service history and that the car was running perfectly.

My request for advice is this - given the above, are there any alternatives to a county court claim that I haven't considered? And is there any advice over what to do with the vehicle in the meantime?

Thanks

born_again

https://forums.moneysavingexpert.com/discussion/comment/82052688#Comment_82052688

So what does it say on your invoice?

If he has a website (Link?) & a yard then he can be a sole trader or a ltd co, you would not do that as a private seller.

He has provided the cars full service history, It's had one service & proof has been provided. Just many people think "Full service History" means it has been serviced as per manufacture requirements. This is where due diligence comes in to check the details.

flaneurs_lobster

So a "Full Service History" could be a document which states "This car has never been serviced"?

user1977

https://forums.moneysavingexpert.com/discussion/comment/82052800#Comment_82052800

That's how I would have interpreted it too, though some searching suggests it popularly implies "has been serviced at the required intervals".

Aylesbury_Duck

No. Court is your only option now. Having sent letters threatening it, you need to see it through.

Keep the car for now.

I think the weakness in your argument here is that a full service history doesn't absolve you of the responsibility to keep your own car serviced. It may undermine your claim that the fault was present at the time of sale, after all, you did do 1,000 miles in it before it failed.