Bought a car but not as described........

[J4g3d]

Just to update. They called me on my mobile from the managers personal mobile mentioning they had received the letter and was shocked at what has gone on. Sais was on holiday and only just got back now. He said he has no idea about the state of the engine and wants to view it in person in the next few days to resolve the matter.

 

Looking good but not holding my breath yet.

[J4g3d]

Just to update again, the car was picked up last week and the guy has managed to look at the car today and he called me to update me that i quote 'there is something wrong here for sure'. I asked how could of someone replaced the parts in question and he says he does not know for sure whats been swapped out but he will know soon, he said he will go through CCTV at his yard to find who touched the car (as apparently hes rarely in the yard).

 

But as it goes it seems he/they are doing something about it right now. Hes ordered a specialist mechanic to come out and do alot of checks on the car to establish whats actually faulty or what has actually been messed with.

 

Ive asked for my money back as its gone on for 3 months now. Mentioned i want the car still but its gone on for a while. His reply was he will get his mechanic out, sort the car out, fix the damage(original damage to bodywork) and sort any problems found in the engine..ect. I suppose if he does do that i cant complain.

[sailor sam]

Mmm, I would be suspicious of this. Don't allow this to be strung out for much longer. I would give him a deadline of no more than 14 days and then reject.

 

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 professional advice for clarification prior to taking any action.

 

 

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[J4g3d]

Okay, i will keep that in mind and demand a complete refund once the 2 weeks are over. Thanks

 

Mmm, I would be suspicious of this. Don't allow this to be strung out for much longer. I would give him a deadline of no more than 14 days and then reject.

 

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 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.

[J4g3d]

So far ive been trying to call his personal number all week, every single day and no answer. Once he answered and promised to call back in 10 mins but didnt. Sent numerous texts also. No reply at all. Will give it 5 more working days then i shall take advised action. Its been 3months and 1 week since i purchased this vehicle!.

[J4g3d]

Not sure what to do now. Said i would like a decision whether the car will be returned without those faults or a refund by the weekend but had no answer and it is now coming to the following weekend. Spoke to him last week monday and said will give me a decision on the progress on wednesday 16th but had no reply.

 

What step should i take now its approaching 4 months since i purchased this vehicle and i have no money and no car. Also when they picked the car up i already had £1030 worth of work done to the car, so im out of pocket in total £13,530.

 

Its a awkward situation for me, what if i take legal action then the company disappears? if he was to rip people off all he has to do is close down the company or change there trading name no?

[afcwben]

is it a ltd company or sole trader

[sailor sam]

Send a letter before action (LBA) giving 7 days for a complete refund or you commence legal proceedings. As before, send by recorded post.

 

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 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.

[J4g3d]

is it a ltd company or sole trader

 

ltd company

[J4g3d]

Send a letter before action (LBA) giving 7 days for a complete refund or you commence legal proceedings. As before, send by recorded post.

 

I sent this letter already which he confirmed he recieved, hence the replies from him. Should i resend it again?

[J4g3d]

Also, just looking on the original invoice. It says NO VAT - private sale of own stock. But has the company name on the header and payment was made into the company account.

 

It looks like they dodged mr VAT man.

[sailor sam]

Sorry, I forgot you had. Well you have 2 choices; you can try phoning to see whats going on or simply make application to the county cort to recover your money. Obviously you have given more than enough opportunities over this and they have the car.

 

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 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.

[J4g3d]

Latest update is, They got back to me but said the car needs £1100 spent on it on 1 item to get it going and asked what i wanted to do. I said its approaching 4 months so my intention to return it to you was so we can establish whats gone wrong and if we cant then refund or if we can sort it and i will take it back(cant say fairer then that). He mumbled on for 10 mins then said what shall we do 'shall i sell it for you or'. I said i bought the car from you...ect so do not see why we should or YOU should sell it for ME.

 

Anyway its dragging on and on and on and hes not around for over a week he said now 'unavailable'. So i dont know. Just had enough, want my money back as i currently do not have a car and this is all i had saved near enough.

 

It does now seem its dragging and dragging and being delayed on purpose. And i get the feeling he doesnt want to refund and has no intention to refund. The company isnt traceable via doing a google search.

[sailor sam]

You need to urgently go back to TS about this now. They hopefully may take the case on for you as it is too big for the small claims court. Clearly the seller seems to think he is not liable in which case he needs 'educating'.

 

I have responded to you PM.

 

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.

[perplexity]

You need to urgently go back to TS about this now. They hopefully may take the case on for you as it is too big for the small claims court. Clearly the seller seems to think he is not liable in which case he needs 'educating'.

 

I would have said the same, but in the real world a buyer is that much more likely to want to get his money back, rather than commit to the cost, the time and trouble of educating the mind of a person who may not be so bright to start with. It is not so unusual that the eventual cost of the time and trouble is more than the value of the goods, and in all seriousness, it may be wise to wonder if they know how to read and write.

 

There comes a point where the need is to stand back a bit, apply some common sense and make up your mind as to what the personal priority is and what in realistic terms is likely to come of a course of action.

[sailor sam]

I would have said the same, but in the real world a buyer is that much more likely to want to get his money back, rather than commit to the cost, the time and trouble of educating the mind of a person who may not be so bright to start with. It is not so unusual that the eventual cost of the time and trouble is more than the value of the goods, and in all seriousness, it may be wise to wonder if they know how to read and write.

 

There comes a point where the need is to stand back a bit, apply some common sense and make up your mind as to what the personal priority is and what in realistic terms is likely to come of a course of action.

 

Clearly you havn't noted the 'value of the goods' in question here!

 

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.

[perplexity]

Clearly you havn't noted the 'value of the goods' in question here!

 

What exactly is the value of a car with a useless engine?

 

According to the information we have, £1100 needs to be spent. Noting then then that a price of £12,500 was paid, on the expectation that it was worth as much, I reckon the actual value of the goods to be £1,500 or thereabout.

 

The money at stake is another matter, to be set against the money available to be recovered, if any.

 

I am suggesting to be realistic about the chance, and the most effective way to go about it. If a defendent is put to a considerable cost, just to defend an action, there is that much less to grab at the end of the day, if the culprit is not already bankrupt.

[sailor sam]

The 'value' of the item is of no consiquence. The fact of the matter is that the item was not sold as described and as such there is a breach of contract under the SOGA. Consiquently the OP is entitled to his money back (especially as the seller now has the item). Due to the money involved (which is too much for small claims), I have advised the OP that he should refer back to TS and/or consult a solicitor.

 

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.

[perplexity]

If the allegation is that the seller's information contained false information and was therefore untruthful, that is a strict liability criminal offence, not a civil dispute.

[J4g3d]

Sorry guys... To update you on this.... he delivered me the car back in may the day i actually went to the citizens advice (who told me to forget it and move on btw). Anyway... He demanded a charge of £660 to release the car. Which i paid just to get the damn thing back. The car was running when he delivered it.

 

But unfortunately its twisted abit more since... I drove the car for approx 1 mile and lost all gears. To cut a LONG story short - Its been in and out of garages for repair, it had a complete gearbox reconditioned at a cost of £2300. The gearbox specialist said someone removed the engine and did not allign the torx something or other up to the gearbox, so when this torx converter span it fouled a bolt on the gearbox oil pump, knocking the oil pump out which resulted in no oil being circulated in the box. SO he caused it.

 

Also when you fit the engine in you have to allign the steering column module up or something like this. He didnt and he damaged the whole steering column and it needs a new one of those too. This among other issues!

 

Guys a total dodgey peice of work, he would not answer my calls since and tbh i dnt want to talk to him again. I managed to get myself to just accept it and feel lucky i actually got the car back.

 

Oh and to this day its sat on my drive doing nothing as i cannot throw anymore money away on this car. Already if i sold it like it is i will lose 4k. Spending more on it is not worth the hassle. Hopefully i will sell it as it is to someone, luckily i am honest and will tell the buyer all the faults unlike some 4ssholes on this planet (excuse my language).

 

P.S thanks for all the input on this subject.

[sailor sam]

Sorry guys... To update you on this.... he delivered me the car back in may the day i actually went to the citizens advice (who told me to forget it and move on btw). Anyway... He demanded a charge of £660 to release the car. Which i paid just to get the damn thing back. The car was running when he delivered it.

 

But unfortunately its twisted abit more since... I drove the car for approx 1 mile and lost all gears. To cut a LONG story short - Its been in and out of garages for repair, it had a complete gearbox reconditioned at a cost of £2300. The gearbox specialist said someone removed the engine and did not allign the torx something or other up to the gearbox, so when this torx converter span it fouled a bolt on the gearbox oil pump, knocking the oil pump out which resulted in no oil being circulated in the box. SO he caused it.

 

Also when you fit the engine in you have to allign the steering column module up or something like this. He didnt and he damaged the whole steering column and it needs a new one of those too. This among other issues!

 

Guys a total dodgey peice of work, he would not answer my calls since and tbh i dnt want to talk to him again. I managed to get myself to just accept it and feel lucky i actually got the car back.

 

Oh and to this day its sat on my drive doing nothing as i cannot throw anymore money away on this car. Already if i sold it like it is i will lose 4k. Spending more on it is not worth the hassle. Hopefully i will sell it as it is to someone, luckily i am honest and will tell the buyer all the faults unlike some 4ssholes on this planet (excuse my language).

 

P.S thanks for all the input on this subject.

 

I can't believe you did that. So you didn't take the advice given then? I would of taken the seller to the cleaners! He must be laughing all the way to the bank.

 

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.

 

[afcwben]

what sorry saga, the dealer cant believe his luck

[J4g3d]

The thing is, the way he done the deal was so he made out it was a personal sale and NOT a sale made by a trader. He even put that on he invoice. If i rejected it and took him to court, how would the whole process of worked? Could of lost. Could of just got my money back after YEARS. Even if it was proven he sold the car through his business hes a limited company so could declare bankrupt. Could reopen in a different name. I get zero.

 

Too many risks. The law in this country is not easy to win if your the innocent one.

 

So i think in this case i made the right move in atleast getting the car back.

 

Hopefully get it sold this month as it is and so i will be a couple thousand out of pocket. Alot of weight off my shoulders. Nobody understands the feeling of thinking youve been scammed tens of thousands. Just glad its back in my hands.

[sailor sam]

In posts 53 & 53 (back in March) you confirm that the seller was a trader and through out the thread you mention 'company' so clearly it would be regarded as a trade sale. You even mentined somewhere that the invoice was on company headed paper. This would of been sufficient proof in court. As far as i'm concerned this would of been a pretty straight forward case of the car being miss-sold due to it having the wrong engine and we advised you accordingly. But at the end of the day, its your money that you have thrown away!

 

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.

 

[J4g3d]

The citezens advice told me to forget it. Do not persue it any further. I have lost out and he has done it to others. Just hit it on the head as a bad experience.

 

That was after sitting down with them and telling the whole story which took about 20 mins. Was another kick in the teeth. But things like this messed my head up abit.