Car unfit after 2 days

[Starfighter]

Hi

 

Purcahsed a car 6 weeks or so ago now.

 

I got my brother to go pick it up, and all that (signing, paying, etc), so have been told my brother must be the claimant? is this true?

 

I got the car back home, but was on trade insurance to just drive it to my home destination. Next day i rang my insurance up, and systems was down so i didnt get to drive it until the evening.

 

When i did drive it, all was really, but when i went down the motorway i noticed a clicking type noise. Cutting a few days out and a long story, i took it to a garage, they said the engine was,******, or had gone =).

 

Didnt belive them, so booked it in with a friend the next day at a garage where he works, and the same conclusion.

 

Rang the trader, and he said a statement that was strange. "not ran low on oil has it?" Well yes it had because there is a massive crack in the bottom and take it to 5k revs and it comes out like a tap.

 

Anyways, he said he would contribute. 6 weeks later, nothing. He didint respone for 2 weeks, so i sent a letter, and then he got back in touch. Keeps saying he is in the right, and i have no rights, and keeps saying he will make an offer, but nothing.

 

He also said the car had features and parts that the garage has since told me it doesnt, so things just got worse really.

 

I have the origional advert, and have 22 adverts from the trader that for one prove he is a trader as he is disputing it, and for two it shows that all his cars have special and new parts on. Chances of all 22, well 23 inc mine having new breaks, tyres and cam-belt and a special engine remap are pretty low in my opinion and think he is just praying on people who will never know otherwise, or until its too late.

 

So now what should i do?

 

Whats the next step after saying i will take him to court?

 

Trading standards are investigating him, and say there are 2 other consumers with issues with the same garage, but they say they cant offer any more advice or support than "try take him to court".

 

Thanks all

[Guest Old_andrew2018]

Well as I assume from reading your post that you have sent a Letter Before Action then yes take him to court, cant see what more you can do.

 

Andy

[Starfighter]

Thanks, stupid question, but how do you take some-one to court? where do you get the papers and all other things from?

 

Any ideas on my chances of winning and where i stand i law? Am i in the right or wrong?

 

Thanks

[Like-Im-Being-Ripped-Off]

Thanks, stupid question, but how do you take some-one to court? where do you get the papers and all other things from?

 

Any ideas on my chances of winning and where i stand i law? Am i in the right or wrong?

 

Thanks

 

Papers from the a county court.

[sri_130]

Sounds cut and dry to me.

 

LBA and Moneyclaim.

[pompeyfaith]

Yes you can use moneyclaim online, but that would slow the process a few weeks as they would serve the papers from northampton then transfer the case to a local court.

 

Far better to lodge you claim in person to the court office at your local court.

 

PF

[sri_130]

Thanks, stupid question, but how do you take some-one to court? where do you get the papers and all other things from?

 

Any ideas on my chances of winning and where i stand i law? Am i in the right or wrong?

 

Thanks

 

First thing to do, would be to send the garage a Letter before action. Stating what you want done (repair, rejection, refund) and give them a 'reasonable' time to get it resolved, e.g 7 days. I can send you a template letter if you want (which is one I've just used and created).

 

Give the garage 7 days from receipt of the letter (sent recorded) and then either - File a moneyclaim online, or procede to your local court - as another poster has said.

 

Be clear what you want though. If its a repair - You'll need a cost (best to have this in a report from a specialist), its a refund - you'll be claiming for that + fee's + expenses.

 

You must give them the option of repair, in the first instance. You can still reject the car afterwards, if the repair is deemed 'unsatisfactory'.

 

Keep a running log, on here. You have rights as a consumer under SOGA - Sale of Goods Act. The car must be 'fit for purpose' - which it's not and even if its a used car with faults, these cannot be 'excessive' - which it clearly is.

 

Stop using the car - guessing you have anyway - immediately.

..And go get em.

[sri_130]

Oh and have a read here: http://www.newcastle.gov.uk/core.nsf/a/tsusedcars

 

you might feel a bit better about your position.

[Starfighter]

Hi

 

thanks for all the information.

 

A point i need some help on is:

 

Should i claim or my brother? My brother has his name on the receipt as he picked it up and paid, but its my cash, my car, my name on log-book, etc? In law do i need to have him claim, or do i?

 

Thanks again for all the help, its really really useful and welcome.

[gwc1000]

Hi

 

thanks for all the information.

 

A point i need some help on is:

 

Should i claim or my brother? My brother has his name on the receipt as he picked it up and paid, but its my cash, my car, my name on log-book, etc? In law do i need to have him claim, or do i?

 

Thanks again for all the help, its really really useful and welcome.

 

Was the trader aware that your brother was merely collecting the vehicle on your behalf, or did he think your brother was the purchaser? He could claim that his contract is with your brother.

[Starfighter]

The trader was told, thus he said we could send the V5 off so that i could put my details and sign it.

 

My worry is he could claim the contract is between him and my brother as my brother signed the invoice which forms a contract.

[Starfighter]

Got 50% of cost of repair, could be worse, could be better.

 

Thanks for all your help... seems the system can and does work...