Hi all,

I bought a car for £2600 from a local dealer, all paperwork checked out with online info, given a 3 month warranty on the same terms as the extended warranty I bought in that in the event of anything going wrong I could go to ANY Vat registered garage for repairs although he did recommend a local garage which is reputable.

3 weeks after buying car breaks down. Rac called and they have seen the car before, had a problem with wiring, they looked at the repair and diagnosed the problem to be due to the poor quality electrical repair. Advised go back to dealer to resolve.

Went back to dealer, told them as I as within the 30 day limit I wanted a refund, dealers answer was "not interested, if you want a refund take me to court, I don't have to give you a refund"

He told me the only thing he was prepared to do was let me take the car to a man he knew who would fix it. Wouldn't agree to it going to a VAT registered garage, only to his man. Also said I had to bear the costs of getting it to this person.

Truth be told I would be happy to get a repair done but not by his man as he literally said that he has more rights than I and he couldn't care less about any rights I have and that his man is the only way I will get the car repaired. He said take me to court, I'll wear my best suit. And literally told me to get out of his office.

I've sent him a letter stating that he has ignored my right to reject the vehicle and given him 7 days to reverse his decision, I've also told him that in the meantime I will get a quote for repairing the vehicle from a suitably qualified technician should he wish to discuss this option.

After doing some digging it appears he's trading on a business name that he dissolved 3 years ago, his company name is no longer registered as a business, in the letter I sent him I stated that should he continue to ignore my request for a refund and I do have the car repaired then I will sue him for the repair costs, as I know his business isn't a real business should I sue him personally?

Am I doing the right thing?

Any advice appreciated

Yes, you should sue him personally but the problem is does he have any assets? Does he trade from a proper business premises and has he got stock?

you certainly have done the right thing by asserting your consumer rights within 30 days and so if you suit him your chances for Success are almost 100% but the problem may be how to enforce the judgement if he turns out to be slippery and you can't locate him or if it seems that he has no assets

Hi thanks for this, he has proper premises with lots and lots of expensive cars.

I've also managed to find his personal address as he has another company with a residential address listed.

My plan was to submit a quote for repair to him as I don't believe he will even discuss a refund, offer him 7 days to pay or discuss and then go ahead with the repair and sue him for the bill.

Can I include the costs of taxis I will now need to get to work in the meantime

The pre-action protocol requires that you give 14 days notice before beginning a court action.

you have given 7 days and I would simply send a letter giving another 7 days and then start the action for the full refund.

I don't really understand why you want to start getting into protracted discussions with a dealer who clearly doesn't really care very much about respecting your contractual rights.

Issue the papers as quickly as possible without any mucking around and then when he has the papers if he wants to start talking then he can contact you.

By the way, which dealer are we talking about here?

Hi, the dealer is bionic car sales in Northampton

42 Abington Ave, Northampton NN5 7AG, UK

No web site

"a 3 month warranty", don't you just hate it when dealers state this, what a load of nonsense.

You are correct in that the Consumer Rights Act 2015 affords you the right to reject faulty goods within the first 30 days, I always say a simple approach is the best approach.

Send a letter rejecting the car, stating why, if no refund then issue a letter before claim against the dealership, if they still don't play ball, then issue a claim against the dealership.

Hi mch

I've sent the dealer a letter stating that I requested to reject the car as is my right under consumer law. I also told him in person.

I offered to let him pay for repairs at a VAT registered garage as per the terms of the warranty he told me about.

His response was that it can only go to his man, whoever that may be.

He told me he had bought the car at auction and it wasn't his responsibility to make sure it was safe and worked properly.

The letter i sent him gave him 7 days to contact me and discuss the situation as at the time he told me to get out of his office. I also said that after 7 days I would get a quote for repairs and contact him again.

After reading bankfodders advice I am now going to send him a further letter giving another 7 days to either agree to pay for repairs or refund my money.

I do actually want the car repaired as when I bought it, it had a few issues with internal trim and radio issues which I have already paid to have sorted and I've so paid for insurance and tax etc so I don't want to be further out of pocket.

If he doesn't contact me within the 14 days to discuss can I go ahead with the repairs and submit a claim to get the money back or would I be better in just claiming a full refund?

I'm also thinking that I should claim against him personally and not the company name as the company is not registered anywhere that I can find.

Yes, you should claim from him personally, however, as mentioned he might not have any asset.

The cars are likely registered to someone else and he will claim he is only an employee who sold the odd car on the premises.

The main point is: no assets, no compensation and no refund.

Unless he owns his property which you can check from the land registry for £3 I think.

Hi,

I have a business card from him naming him as the company director, he also owns a driving school and has a residential address listed. So hardly skint.

If I do need to issue a claim against him is there anyone on here that could help with completing it, I am of course happy to make a donation if I win.

I can get business cards printed for a few quid.

Owning a driving school or acting as a coordinator for driving instructors are similar but not the same and if the business is a limited company you won't be able to claim any of its assets anyway.

Having a residential address means that he receives mail there, not that he owns the place.

I would dig a lot more into his PERSONAL affairs before throwing money away and end up with a dead ccj.

Hi king, I would rather lose some money on a dead ccj and cause him some inconvenience than let him get away with ripping me and obviously at some point others off.

None of his current trading businesses are registered as ltd companies, he operates as a sole trader. So all business assets are his personal assets and can't be passed off with spurious claims of ownership.

I know you want justice, but you also need to be pragmatic about it.

If he's got a little bit of brain he's probably got someone else to front his business and he acts as an employee.

Suing him in this all too familiar scenario would see you lose the case and him carry on sc@mming people.

What I suggested is to confirm he's got assets, I mean personal assets and sue him personally as a trader.

Forget about his various businesses, it's very easy to keep the nose clean when you sell scraps as cars.

What name is given on your purchase invoice?

What name did the 'company director ' give?

What trading name is on his business card?

He didn't supply me with a purchase invoice. I know his name and I have tracked down all info on him with regards to social media, and checked all reference about him I can find on the web.

I had no intention of suing the business, I am suing him personally as a sole trader.

His business name is registered at companies house as a dissolved company that he was previously the director of, so I assume he is operating as a sole trader and not a limited company.

His registered address is given as a property in the town which I will do a land registry search on to ensure he is the owner still.

He isn't acting as an employee his business card lists him as the managing director of the company, and he has replied to a review on a website stating that a negative review was placed by an ex employee of his.

He does have another company listed as active on companies house but that isn't concerned with car sales.

I do appreciate all advice you guys are giving.

I know you want justice, but you also need to be pragmatic about it.

If he's got a little bit of brain he's probably got someone else to front his business and he acts as an employee.

Suing him in this all too familiar scenario would see you lose the case and him carry on sc@mming people.

What I suggested is to confirm he's got assets, I mean personal assets and sue him personally as a trader.

Forget about his various businesses, it's very easy to keep the nose clean when you sell scraps as cars.

Surely if you purchase a vehicle from a limited company, then the contract exists between the limited company (being a separate entity from any actual person) and the consumer, thus meaning essentially the directors wouldn't be liable unless a personal guarantee was signed in some way?

I didn't buy from a limited company.

Bionic car sales is not registered as a company at companies house, so I am assuming he operates as a sole trader, hence I will sue him personally.

You're on the right track.

With the evidence you have it's undeniable that he is the boss and that's a good point.

Search the land registry and if he owns the property you can get him to fulfil his legal obligations.

Hopefully if it gets to bailiffs stage he'll have a few cars in his yard, ready to be lifted.

Despite many advising on returning the vehicle, I would prefer to keep the vehicle off road if possible and give him access to collect once refund has been issued.

I wouldn't like to end up with no money and no car.

I think the OP is being completely unreasonable. You bought an old banger and should appreciate its an old used car. Your right to reject within 30 days has to be for a serious major mechanical fault ie engine failure. He has offered to repair the car. You cannot demand where it is repaired, it’s none of your business.

If this went to court it would be dismissed. Stop being unreasonable.