Second hand car failed within 2 hours and 30 miles of purchase.

[Crazy Diamond]

If you get default judgment, you can then apply for a warrant of execution (cost of which gets added to his total tab), and the bailiffs can go in and seize assets to value of the debt.

 

You are sure he hasn't moved away or shut down, I take it? No point in throwing good money after bad.

[TylerJones]

Sorry i havent read all of this but i own a garage in south wales Celtic Car Co..Basically if the car has failed then you have to give it back with the list of the faults. allow the garage to repair anything and make the car suitable for use. You are not entitled to your money back and shouldnt have to pay for the parts, every used car has to come with a 6 month garentee covered by the garage thats the LAW. Im litterally dealing with a similar situation with one of my customers. If the garage refuse to do the work for free then you can reject the car leave it with them and then start court proceedings only in court will you be granted your money back he is completely within his rights to refuse a refund and sorting the problem(s) for free. When buying a used car remember its not a New car. Wear and tear of any componant has to excepted. Engine fail HAS to be sorted.

[Crazy Diamond]

And what law would that be, Tyler? I'm not being facetious, could you please post a link to the legislation where it says such a thing about a 6 mths warranty being compulsory by law?

 

Since I am not aware of any, l'll tell you that you are heading for a massive shock of your customer takes you to court when you refuse to take back the car. You are completely and utterly mistaken in your assertion that the customer can not return the car and get his money back, he does NOT have to accept repairs.

 

PLEASE read the Sales of Goods Act 1979 and find out for yourself before you end up with an appearance in court and even possibly a serious ticking-off by Trading Standards, they take breaches of consumers' statutory rights rather seriously.

[Dragons Dennis]

Sorry i havent read all of this but i own a garage in south wales Celtic Car Co..Basically if the car has failed then you have to give it back with the list of the faults. allow the garage to repair anything and make the car suitable for use. You are not entitled to your money back and shouldnt have to pay for the parts, every used car has to come with a 6 month garentee covered by the garage thats the LAW. Im litterally dealing with a similar situation with one of my customers. If the garage refuse to do the work for free then you can reject the car leave it with them and then start court proceedings only in court will you be granted your money back he is completely within his rights to refuse a refund and sorting the problem(s) for free. When buying a used car remember its not a New car. Wear and tear of any componant has to excepted. Engine fail HAS to be sorted.

 

There is no such law. Under the SOGA any faults within 6 months are deemed to have existed at the time of sale. That is not even close to being a 6 month guarantee., No car is ever guaranteed, only warranted. They cannot guarantee it will not go wrong. They simply warrant to fix.

[wallers]

Ok, I'll drag this up from depths. Quick recap, bought car, made mistake, car broke on the way home, dealer wanted to charge me for repairs, rejected car through SOGA, sent letters etc,,

 

In the end I took the guy to court and won, by default. They attempted to execute warrant, but couldn't as it was a residential address and the warrant was in the name of the company, plus the owners name. I basically gave up, I did everything short of turning up on his door step.

 

From time to time I would check if the car was insured on Askmid. I checked the other week and it has been insured since 2011, I now also know the insurance policy number. I have been advised to contact the insurance company, let them know the registration number and that I own that car and see where to go. I have one set of keys, the new owner slip and my receipt/invoice. I assume they have registered it using a V62.

 

Is there much point in me chasing this now? It's still stuck being a civil matter even though the dealer has effectively sold the car twice.

[Conniff]

If you still own the car in it's own right, have you notified HPI ?

[wallers]

Since they executed the warrant I haven't done anything. I'd be notifying HPI that it's stolen?

[Conniff]

If you paid for the car, rejected it and won a judgement saying he had to refund you and he hasn't done but has sold the car, then yes, that is theft. Do you have a police number or haven't you reported it as stolen ?

[sailor sam]

If you paid for the car, rejected it and won a judgement saying he had to refund you and he hasn't done but has sold the car, then yes, that is theft. Do you have a police number or haven't you reported it as stolen ?

 

Very good point. As Conniff points out, legally you still own the car as your judgement is 'un-satisfied'. I would definitely pursue this.

 

Also, The fact that the address was residential which the bailiffs attended should be irrelevant. I presume you aimed the claim at the address on the sales invoice or where the original deal was done.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[yogi4592]

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Edited January 9, 2014 by yogi4592