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  1. Thanks for your reply Nimrod205. I told the sellers that they were making the situation stressful once again, and that they could look at the car if they wanted, as I am sure there would be nothing to tell the Judge. They came a few hours ago, gave me the cash first and took the car. No issues raised, and the owner was being very nice. She said she thought we were 'having her on' all along (despite the factual evidence!), and will be taking it up with the MOT garage - although I am convinced it is actually her neighbour, the seller who really knows what happened to the car. Oh well....not my problem anymore. Thanks again for everyones help. It's been a long 8 months but just goes to show you really should fight for your rights! Especially when it comes to being sold a dangerous car! I will be donating too as a thanks. As you have all been really helpful.
  2. Hi woad, Thanks for your reply. I definately won't be handing over the car before I get the money. I've made it clear they have to pay before, we'll see. Thanks again for all your help throughout. Much appreciated! Same goes to all others that gave advice!!! Just had this from the defendants: "Ok. We have 14 days to clear this debt. CAB have advised us that we are within our rights to inspect the car for damage and if any is found we are to inform the court immediately. I propose that we collect the car on Sunday as agreed and I will pay you in cash. You must agree beforehand in writing that you will provide a receipt once the money has been counted. If you fail to agree to any of this then payment will be made on 18 of April and a collection date arranged with yourself. Pick Up And Go." I wonder if they actually have spoken to CAB. Still speaking to me in a threatening tone. They really want to bring me down!
  3. Thanks, it was such a relief to get a good result. I kind of knew I would as I had cold hard proof!! It's worth it to make people realise it's not fair or safe. Good luck for now, let us know how it goes
  4. Hi, no worries Yeah it was through small claims. The Judge actually came to that agreement on top of the steering being faulty himself. This was through the wording on the advert that said something like "very clean car inside and out and excellent runner" as well as texts from the seller again confirming the car was in good condition. The judge compared this to the new MOT I had dont 2 days after the sale, and a picture of a huge tear in the drivers seat that was never mentioned in the ad or in conversations before viewing the car. The MOT had something like 10 failures and 15 advisories on it, and said was a blatant lie that the car was indeed clean and a good runner based on that. I also had a letter from the MOT garage and another garage as back up. I think be clear and concise with the seller, try not to let your feelings about the situation get in the way, and stick to the facts. Be nice, and explain you'd rather solve this through cooperation and not conflict - but you will take it further if you need to. CAB advised me to give them 14 days to resolve the issue before putting in a money claim. Yes, I got the cost of the car back, court fees and the cost of getting the car MOT'd again. It actually became more about the principle in the end, of course the money is also nice! Although I can offer advice through my experience and knowledge through my case, I would still say to speak to Citizens Advice as they will know a bit more about the law Sounds like you have a good case though if you have evidence from Audi that the issues were there before the time of sale...kind of proves she knew all about them!!
  5. Hi Nabey, Sorry to hear of your experience. I have just had a similar experience. I was in a car accident in July last year, (still recovering from injuries), and bought a 2nd hand car from a private seller on Gumtree the following August. If you want to read the full thread it is called "2nd hand car bought found to be unroadworthy". But I'll explain briefly what happened. On the same day that the car was bought the steering failed after less than an hour, becoming heavy and unpredictable. To cut a long story short, I could prove by having another MOT done that the same steering fault was present on a MOT done a few months before the sale. They didn't have a receipt or know who 'fixed' it. I asked for my money back but the owners refused, even after sending proof. They repeatedly told me I have less and no rights with it being a private sale, PLEASE DO NOT LISTEN TO THE SELLER IF THEY SAY THIS!! They also threatened me with reporting me to the police for harrassing them - they literally tried everything they could to scare me off. It ended up going to court and the Judge told the defendants that it is not their place to decide the law. I had factual evidence the car was faulty and misrepresented. These facts won the case and I am getting my money back. If you have factual evidence then you have nothing to worry about if it does go to court, because the Judge will only consider this type of evidence. Definitely try to resolve it with the seller, but don't be put off by them if they don't cooperate with you. CAB are really helpful too, so they may be worth speaking too for extra guidance. People can be really nasty, I'm sorry she sold you that car after whats happened. The seller of mine knew I was in an accident too, and even assured me that the owner (his neighbour) as a police woman, and that there was nothing wrong with it. Really hope your injuries improve soon. Best Wishes.
  6. Hi All. I just wanted to give you an update on the situation. The case went to court yesterday and I won! The Judge's decision was that the defendants (the owner and her husband who was present at the sale), would pay the £1000 for the car, court costs and the cost of the MOT we carried out as proof of the fault. This was on the grounds that the car WAS misrepresented on the Gumtree ad and also in the text messages I had in my evidence to the seller asking about the condition of the car. This judgement was made from the result of our MOT stating around 10 failures and 15 advisories - one of these faults is a serious steering failure which was on a MOT prior to sale that has not been fixed, or fixed badly. For this reason the car was seen to be unroadworthy at the point of sale. They had no receipt and no idea who fixed it as they gave the car to the seller to MOT. The judge was suspicious that the seller was a trader, but as the defendants did not bring him as a witness (even more suspicious!), he could not prove this. The defendants came up with ALL SORTS, which were ridiculous statements. One of his defence points was that the steering is fine if there is still oil left in the reserve, even though its leaking.. ..it took the judge 3 attempts to get the point across that it is unroadworthy and dangerous if it is leaking at all. The defendants also tried to say I had less rights it being a private sale - he was put right by the judge telling him that it is not his place to decide the law and to let him do it. It was such a relief to have such a great Judge. I think he could see from the beginning that they were fighting a loosing battle. This just goes to show that if you have FACTS that a car is unsafe, you will have no problem defending yourself in court. They told the judge they would pay yesterday and pick up the car this weekend. They are now saying to me that they want to inspect the car before paying, and have the cheek to ask to come into my house and use my wifi. I have told them that I want the money before they collect on Sunday, but am yet to hear back. Am I right in sticking to my guns and making sure I get the money before collection? They do have 14 days to pay but I am worried they will take the car and think of some excuse not to pay. Almost funny they want to inspect the car incase its faulty when they sold it to me in a dangerous condition in the first place. If anyone has one last bit of advice that would great. Thanks for reading.
  7. Hi all. I've just called MCOL and they've told me that a defence has been filed, and told me how to access it. I'm so upset at this moment in time. They have completely denied anything, and looks as if it is going to court. The owner has said that she had no problems with the car, she is a police officer and needed a bigger car for her grandchildren, and she believes this is happening because I don't like the car..... I actually would have loved to have that car!!! Her husband has again stated our rights with it being a private sale and said this: That's fair enough, but if they are now claiming that the car had been fixed (which is hasn't, there is a peice of rubber wrapped around the point of leak on the steering rack), then I don't understand why they didnt just say this in the first place?? And if they did have if "fixed" then why not give me a receipt. Would it be a case of getting in touch with the garage that should have fixed it? Also said this: We have said all along that it was fine at the time of buying, and the fluid leaked out on the drive back. It was then heavy! They're completely turning it around. I'm sure they knew there was a fault - it's impossible they didnt!! I'm in utter disbelief at the moment. The owner has also said "I have put a report in to our Professional Standards Department with Gwent police." I'm not worried about this - but should I be?! I now have a questionnaire to fill out to take it to court. I've read the guidelines and it says both sides should be in touch with each other to try and settle it before sending in the form. I'm going to write them another letter, asking why they haven't given me this information about the problem being fixed before, and ask for receipts and so on. Any advice as to what to say would be helpful. Thanks
  8. Yeah I've read up a bit abut mediation. I'll ony really accept the full amount back as it's been a nightmare. I've just checked the dates of the claim and realised that although they have put in an acknowledgement of service that they will defend all of the claim, they've not put in any defence as to why, and the time limit is up. I am going to ring the court people tomorrow, as I'm now not sure what the next steps are? As far as I know I think this may mean that the court may be able to make them pay as they have not put in a reason for defence. Does anyone know if this is right? I sure hope so as it would put an end to all of this. But I'm also thinking it can't be that easy...?! Thanks again to all for your help, I really do appreciate it! Sorry I didn;t mention this but it says on the letter of their acknowledgement of service: "If you file an acknowledgement of service but do not file a defence within 28 days of the date of service of the claim form, or particulars of claim if served separately, judgement may be entered against you. If you do not file an application to dispute the jurisdiction of the court within 14 days of the date of filing this acknowledgement of service, it will be assumed that you accept the courts jurisdiction and judgement may be entered against you."
  9. Hi, They have replied to the claim saying they're going to defend all the costs - meaning they don't want to pay. And they had 2 weeks more to reply to me with a reason, but haven't heard anything yet - they have until mid next week. After that I'll have to take it further and hopefully get the mediation. We'll see what they say, if anything.
  10. Hi roaring mouse and all, Thanks for your input. Although my mum and dad went to meet the sellers - it was near severn services, not near their home - it was my money that paid for the car, and would be put in my name. As it's my money I'm claiming back I did it in my name. My mum took the form as I wasn't there and needed to sign it. I couldn't go with them as I was in a car accident in July (hence having to buy a new car) and had to go back to Devon for physio that day. I have asked for the sellers contact details but they won't give them over, unsurprisingly. I've tried to search for him but haven't had any luck so the claim is having to lie with the owner and her husband - he was present at the time of sale. Ah, never thought of the oil effecting the tyres. Not sure if I mentioned it before, but the mechanic found that the leak in the steering rack had been covered with some rubber. When we first called the seller and asked for the money back the next morning and explained the problem, he replied with "just top the oil up again". Unfortunately we don't have that recorded though. I won't be contacting them again, will wait and see what they say. It's a shame really because it would have been a lovely car! Not to worried about court, I'm getting all my documents together this week ready for whenever it may be. I can only try, otherwise I'm stuck with a useless car I'll have to pay to get fixed and sell on - which after having to find money for another car and not being able to work after the accident will be very hard!
  11. Hi all, Thought I would give you an update on the latest. I've had a letter from the Courts stating that they are going to defend all of the claim, and they have 28 days to file a response. So it will be interesting to see what they have to say about it. I've also had a reply from the DVLA, they have put the car in my name as it is in my possession. This at least means that I am able to SORN the car and get at least some of my tax money back. Do you think I can still claim what I didn't get back through the court? It is also interesting to see that on the new V5C the owner had only purchased the car very end of Nov 2015, so she only had the car for 7 months, presumably wanted to sell after the leak appeared. Funny that since in her email to me she stated she'd been driving the car for "quite some time". 7 months isn't quite some time to me!
  12. Thanks for your reply. I'll be opting for the mediation. I have a feeling they are going to really leave it to the last resort to resolve this. A shame for them, as they will end up having to pay out more for costs I've had to pay out - which in hindsight for them, they could have just fixed the car in the first place!
  13. Thanks, I'll be getting all my documents together soon ready for if it goes to court - which is looking likely. Will keep the Road Traffic Act at the top of the list! With the mediation service I believe you are offered, if I want to do that, do the claimants have to do it or can they refuse?
  14. Hi, As we didn't hear anything else from the owner I put in a claim on money claim online for the cost of the car and a few expenses (postal costs, MOT test, car tax). I put down the owner and her husband on the claim form as we did not have the sellers address. This was last weds, the only correspondence we've now had from them is that the husband text my mum saying the following: "For your information this will form part of my defence. I DO NOT expect or invite you to respond. The consumer rights act 2015 became law on 1 october 2015, replacing three major pieces of consumer legislation - the sale of goods act, unfair terms in consumer contracts regulations and the supply of goods and services act. Second hand car bought privately You have fewer rights when you buy a car from a private seller and key parts of the consumer rights act don't apply. For example, there is no legal requirement for a car to be of satisfactory quality or fit for purpose. But legally the seller must: -accurately describe the second hand car (for example an advert must not say 'one owner' when the car has had several) - not misrepresent the second hand car (tell you something about the car which isnt true such as if its been in an accident, the owner must answer truthfully)" SO, I am fully aware that my rights are not the same as a private sale, he has already told me this and I've already told him I know this too! It seems to me that they are just avoiding talking about the actual problem of the steering leak at all! I also feel as though they are shooting themselves in the foot with this as surely a private car sale - if the car has been advertised as roadworthy - should be, so I dont understand why he has put there is no legal requirement for a car to be of satisfactory quality? I'm wondering whether to reply - I want to, and say that I understand my rights, and I'd like to say that I would like to talk about the issue with the car to try and resolve this before going to court. Seems like another scare tactic too trying to tell me what rights I don't have in court! At the end of the day they sold me a car that was seriously dangerous, and I really do believe they knew the problem. Just to clarify, the reasons for naming her husband is that he was there upon inspection of the vehicle when it was bought. My mum has also text him back saying to please reply to the contact details given for me, as it gets confusing with him texting my parents! He has responded saying this: "No but it will be filed with the court. It was only a courtesy message anyway" Well...it would have been courteous of you to sell the car in a safe condition!!!
  15. Thanks for your reply obiter dictum. Would you put down the seller and her husband in the claim? Her husband was there when my parents looked at the car, and had been texting my mum after we asked for a refund.
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