Used Fiat Issue

**jobmid** · 29th January 2009 15:11

Ok I bought a used fiat stilo 2 weeks ago from a dealer in manchester. When I got it he said there was an issue with the a/c pump which he then fixed for me. I got the car back off him yesterday to find that he had removed the rear break pads and the caliper was damamaged. I took it straight to my mechnaic who said it was not road worthy and he would fix i for me. I got him to do this as I trust my own mechanic and not the car sales man in manchester.

It has now cost me £300 to get fixed and I would like to claim this back from the dealer. It does not say on the car listing or recpit I got that the car was sold as seen. Which leads me to belive I can reclaim this money back via the small claims court if he does not pay up.

What I would like to ask is:

Do I have a good enough case to reclaim my costs?

What legislation covers this?

Is there a template letter I can send?

**Conniff** · 1st February 2009 11:02

Selling a car in a dangerous condition - you have every right to claim a full refund of the repairs.
Normally you should take it back to the seller to sort out, but in this case you couldn't because it was not roadworthy.

Don't worry about 'sold as seen' as there is no such thing.

Write a normal letter, (recorded delivery), enclosing a copy of the bill from your garage and ask for a full refund, mentioning the supply of a car in a dangerous condition and not being roadworthy.

His response will decide where you take it from there.

**jobmid** · 1st February 2009 11:11

right sent the letter alreay and he seems to be a complete nut case firstly he said that he had lodged a compaint to trading standards. Then he said he would take the car back minus 200 that I paid for it. Which I am not inclined to do as I have now paid to get this car in shapre which would leave me 500 pounds out of pocket. He is sending me on avarage 4 texts messages a day I feel I am been harassed. What should I do about him should I take him to court?

**Conniff** · 1st February 2009 11:15

Send a special delivery letter with bold print at the top of the text, letter before action icon

.

Give him 7 days to pay and say you will commence court action without further correspondence.

Don't forget to mention that he will be liable for the court fee.

It will cost you about £20 to issue on the amount you are claiming and can be done on line.

What are the texts about?

**jobmid** · 1st February 2009 11:24

about the car and he is a memeber of some motor trade assocation and that i cant take him to court its like he is trying to pressure me into not taing action against him. i did put letter before action icon

already on my letter and gave him 28 days to reply he replied by text saying he will not pay so where to next?

**Conniff** · 1st February 2009 11:33

If you have already done that and the 28 days have passed, your next action is here:

Her Majesty's Courts Service

Do you have it in writing from your garage exactly what was wrong and that it was not roadworthy?

Even a private seller has no defence against selling a car in a dangerous condition.

You should also report it to Trading Standards and Vosa who are having a purge on the selling of dangerous cars at present.

**jobmid** · 1st February 2009 14:03

no the 28 days have not passed but he has replied saying no way he is not going to pay

**flyingdoc** · 1st February 2009 14:10

wait for the 28 days and then issue.

**Conniff** · 1st February 2009 14:39

And while your waiting, get together all you can on paper especially from your garage and the mech who fixed it.
Ask him to do a report for you and to mention not roadworthy and dangerous.
He could charge but probably won't.

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