I recently bought a car from a dealer where the advert in the autotrader said it was a 2001 model. It stated on the V5C form that it was first registered in 2001. However when going to insure it I found out that it was in fact a 1997 model. At first the dealer denied he knew anything about it, but a day later admitted full responsibility. I told him to take the car back and repay me which he agreed to do. However he has since changed his mind and claims that as he didn't know the real age of the car its not his fault. He had himself purchased the car from another dealer who also claimed ignorance. These dealers have about 40yrs combined experience in car selling. He did at a later date offer £700 in compensation. But I clearly stated to him that I did not want the car and that I was specifically looking for a 2000/1 or later model.

After several letters and the threat of court action, he emailed to say that I did not buy the car from his garage but from a dealer I have never heard of. And he signed saying ..take me to court , I don't care. I have written the final pre-court action letter to him which he has, to date, ignored. Is it worth going to court for this?

I have a car a do not want and never wanted, in fact, if it was advertised correctly I would never have gone to see it in the first place. The amount is £6000.

The contract is subject to the sale of goods act and section 13 requires that any goods sold under the contract correspond to their description.

The dealer is in breach – and it is not relevant whether he knew the true age of the car or not.

I suppose you don't have any evidence of all his admissions et cetera do you?

It wouldn't make much of a difference – I expect that you would win in a County Court anyway without any difficulty. However, it would be helpful if you read our customer services guide and then implementing the advice there, you telephone him and talking through it and get him to make the various admissions. Of course, don't warn him that you are recording his calls. Follow the advice in the customer services guide completely so far as keeping notes and the log is concerned as well.

The only thing you want to be sure before taking him to court is that when you win, you can enforce a judgement. Is his garage a fully established garage with assets there?

I would also suggest that you contact action fraud because frankly the whole thing sounds extremely dodgy and I would get the police involved as well.

As you have sent the letter before action, then you should go straight ahead and issue the claim. There is no point in sending a letter before action unless you plan to do exactly what you threaten to do – and you do it exactly when you threaten to do it. Anything else amounts to a bluff.

Gather all your evidence together, have the telephone conversations that I have suggested above and then issue the claim. You can do it this week.

When you win, do not instruct bailiffs but rather have the matter transferred to the High Court for execution by a sheriff. The High Court Enforcement Officers have powers that bailiffs do not have and in your sort of situation, you need a level enforcement that is powerful and will stand the no nonsense.

They will go in and they will insist that they receive a cash payment or else they will start removing assets immediately.

Hi, thanks for the reply.

I do have recorded evidence of his admission and agreeing to take it back and repay me. He subsequently changed his mind.

I have all the sales receipts as well a photo copy of the page from autotrader where it was advertised. As far as it being an established garage, The place itself was a small garage with a small showroom, he had about 9 vehicles there. But he also has a much larger garage a few miles away with about 30 cars. In fact the debit card machine address is for the second larger premises, although all the sales purchase things I have, are from where I actually bought the car. His sales manager actually delivered the vehicle to me at home, so I paid for it at home using the card machine from his bigger garage. I did not think of checking the address on the debit machine receipt when paying.

I sent the pre-court action letter last Tuesday week giving him 14 days to reply.........I also stated in this letter that if did go to court I will be claiming for court expenses, tax and insurance (I had to do this because the car is on the road outside my house) and also compensation for the distress that this has caused me.

I will take your advice regarding going to the high court (if that's not to expensive).

thanks

Stuart

These disgusting gutter dealers really need putting in there place. They say 'take us to court' thinking that will put you off as they must know they are right and you have no chance. Too many people take that route and do nothing about it while these sc****s are sitting back laughing.