Taking dangerous car seller to court - now have served warrant

[superg]

Hi people just thought I would ask what you think of this. on 10/10/2011 I bought a clio 2001 from a guy in auto trader advert said he was a trader car was not sold as seen or anything anyway I went to se car and he took me around block in it seamed ok.I had a car that i was going to scrap but it had mot and tax so he said I wuld take your car off you he wasn't interested in even looking at the car.

 

I paid him cash and give my car in he said ill deliver it anyway next day I went to use car and warning light started to flash

people were saying take it back but silly me didn't.Even eight people said so I have lots of witnesses too anyway have tried everything but looks like its the head gasket Looks like this guy knew all a long what he sold me and he even sold mica or tried to

for over 500 pounds even though it should have been scrapped.

 

I dont think that there is anything that I can do now but just thought I would ask anyway I know I have done a daft thing

 

Thanks for your time in reading this guys/gals

[raydetinu]

YES, take it back. you are covered by SOGA, ask for money back.

[superg]

Thanks raydetinu thing is that It was a guys house but he was registered to another address and it was a house called something autos so not sure how it will work

[raydetinu]

At this stage you either need go and see him and follow up with a letter/email or just do it in writing.

You must make contact and see what he will offer, before you can take any sort of legal action; dont just accept it for the sake of a few emails etc.

Auto trader will help as well, they will have registered address.

Also speak to trading standards, they may have come accross him before.

[superg]

Many thanks raydetinu

 

I have spoken to consumer direct they were good also i have phoned the person but he did not answer, a guy answered and said the person was on holiday and he said he was his partner. I asked if the person was a trader he said he wasn't but when I bought the car and swapped mine in px. he put a traders address on the log book this was someone else's house not his. been on the internet and seen more cars for sale at his house and even he has a tow truck and a car with traders plates in the window. consumer direct said I have to write letter asking for refund, repair, or exchange

and he has 14 days to do this so its next step I have spent loads on car doing tests etc and paid for parts too I will give auto trader a call se what they say Thanks for your help

[raydetinu]

Speak to trading standards, if he is trading illegally etc. ( HMRC tax etc.)

[superg]

Thanks guys Contacted Auto trader they were great even sent me advert information very nice people.

 

I have sent a letter as advised by consumer direct giving the person 7 working days to fix or exchange the car waiting for his reply sent it recorded deliver waiting for his reply and signature he did get 14 days at first but due to the lies its now 7 consumer direct says this was fine I will keep you updated thanks for your help

[Turbodaz]

Hope you get this sorted

[superg]

Hi all

 

just an update seller ignored second letter I sent. so I sent one normal post but got proof. I got a call saying trader was on holiday lol (he was in the background) anyway I have got this sent to trading standards and spoke to them today. They said that he can call himself a trader and does not have to be registered. I was shocked by this he said that I would have to take him to county court and they would help me fill in form. I am shocked how people can get away with it. this person owns a car transporter and sells lots of cars and also on ebay I feel a bit let down how people can get away with this any advice what you people think.Trading standards are going to check my letters to make sure they will stand in court

 

cheers people Thanks for reading

[superg]

Looks like my letters are ok waiting for court forms to get filled in trading standards said the will help just thought I would update the thread

[superg]

Well count forms all done person has until the back end of december to dispute nothing as of yet forms were quite easy to do will keep you all updated

 

If any one else is in the same boat dont let them get away with it

[superg]

Well happy Newyear all just an update This guy did not defend claim so looks like I have won now Waiting for court to issue ccj Then looks like he is going to have to pay up he is lucky I have not asked for interest I only want cash I paid for car not sure what happens to car like as its mine looks like he will have to request it in letter not sure on this bit yet but lets hope I get cash back as i need a car

hope this has helped someone.

[Lisa G]

Did the ccj get issued? If so, how is it going? I am in exactly the same position, I paid £2k for a car which is rubbish! Our 'trader' had until 4 Jan to reply to court but they have received nothing back from him so Ive sent off the request for judgement 2 days ago. I was wondering is the deadline set, is it too late for him to send in a late reply? We also wonder what happens to the car, Im sick of looking at the heap of junk that has been sitting on my driveway sine August!

[superg]

Hi lisa Thanks for your reply it should have a date on your form when the person has to reply by.

Unfortunaly this trader did reply but lots of lies I now have to fill my alocation form and get a court date and hope I win the person is selling cars on ebay but states he is not a trader it should be intresting. I think the best thing to do is phone the court that is dealing with the claim up as they will know the correct information They are helpful to me so they should be able to advice I hope you get it sorted

[Lisa G]

Yes,he should have replied by 4th Jan, but I checked on 11th and he had not, and I checkedagain today and still nothing. Did your 'trader' respond within the time limit given, or was his reply late?

[superg]

Yeah he replied lisa if you have requested judgement then you are waiting on the court usualy then they check to make sure he has not replied in my case I got his defence lets hope you dont then you will win.

[superg]

Hello I really in need of a bit of advice please.

 

To cut the long story short I took a guy to small claims court as he would not take the car back that I bought. I have won the case and he did not even turn up so there was me and the judge.

 

The issue is that when i bought the car the person told me and my partner that his name was (peter) but when the case come to light the guy put in his defence that his name was not peter its was (Joe MADE UP NAME) I sent a letter to the court advertising this and I am sure when in the hearing that I told the judge that this guy said his name was (peter)

 

I have phoned the court this morning and asked they said that I did not say anything to the judge and the claim would have to be set aside.

 

But I said I put it in the letter and the judge should have read my letter. The person even said that we were both there lol I said no I was there and he was not, It sounds like they are blaming me I need some advice I am not sure if to wait and se if he pays or try and get the name changed Lets hope there is not another hearing can you people give any advice on this also when do I ad interest on this I don't pay fees.

 

Thanks for any advice you can give I hope this is in the right section

 

my original Thread is here lhttp://www.consumeractiongroup.co.uk/forum/showthread.php?325546-Second-hand-car-advice-please&p=3815856#post3815856

Edited May 1, 2012 by superg

[superg]

guys just an update i won case not sure what i do with the car like as I own it. also the guy gave me false name I have made a new thread in legal

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?348240-Defendant-name-advice&p=3815853#post3815853

[AndyOrch]

Is the surname correct superg?

 

Regards

 

Andy

[superg]

yes its correct its just the first name Thank you for your reply

[Ganymede]

You won't be able to enforce the judgment if the Defendant's name is wrong unfortuantely.

[AndyOrch]

You can ask for the name to be amended and the summons/judgment reserved until corrected.

 

Regards

 

Andy

[superg]

Thank you andy The lady on the phone said that i needed to fill in two forms I will get that done straight away Thanks for your advice

[superg]

Forms now finished just waiting for the judge to do his/her bit. judge did say that the defendant can pick up the car by arrangement only but I don't think I would release the car only if he pays and signs a letter that i have he has not paid as of yet so waiting for name change the enforce the order

[AndyOrch]

Excellent superg keep your thread updated with what transpires.

 

Regards

 

Andy