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Geordiboy

Used Car Rip off

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Hi bought a C2 1.1SX on 10th Decmberfor a £1000, car developed faults on way home dealer said was going to sort next day when i rang him just broken promises all the time, 21st december car became totally un-usable, again contacted dealer and more promises.

 

Trading standards are looking into legal issues as he states hes private seller,(but have proof hes selling loads loads cars on GumTree / Facebook) now he has said car was perfect when it left him and sold as seen.

 

Sent the letter from Consumer website template saying i want complete refund within 14 days as its not fit for purpose as lasted no more than 20 miles before starting to fall to bits.

 

deadline is today nothing from dealer.

 

where do i go from here ?

 

Car is parked up on road since 21st December, un drivable, tax runs out end month where do i stand here ?

 

Many Thanks

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If he is a trader then his "sold as seen" claim is irrelevant. Car must be fit for purpose otherwise SOGA will apply. If he is a trader pretending to be a private seller then I doubt he wants trading standards looking into this case. He could have far more to deal with than just one simple car refund!!

 

If he has ignored your letter so far, you now need to send a lba giving him a further 7 days (or 14 if you feel generous) to resolve or you will be issuing a claim through small claims court. (which you must do of course to be true to your word)

 

If the car is still on the public road you must keep it taxed and insured. If you let the tax run out you must remove it onto private land and declare SORN. At this point it doesn't need insurance either. But you mustn't let even the tail pipe touch a public road or the DVLA will bring the whole of mount vesuvius down on your head!

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If he is a trader then his "sold as seen" claim is irrelevant. Car must be fit for purpose otherwise SOGA will apply. If he is a trader pretending to be a private seller then I doubt he wants trading standards looking into this case. He could have far more to deal with than just one simple car refund!!

 

If he has ignored your letter so far, you now need to send a lba giving him a further 7 days (or 14 if you feel generous) to resolve or you will be issuing a claim through small claims court. (which you must do of course to be true to your word)

 

If the car is still on the public road you must keep it taxed and insured. If you let the tax run out you must remove it onto private land and declare SORN. At this point it doesn't need insurance either. But you mustn't let even the tail pipe touch a public road or the DVLA will bring the whole of mount vesuvius down on your head!

 

Thanks Crem will move it if he hasnt picked up an sorted it by then. he claims to be private seller but 17 cars on day i reported to TS was on Gumtree by him. Where can i get a template letter?

 

whats this cagmail where you can post by your pc ? it just looks like a video when i go on the page where is actual page to send from :)

 

Thanks

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Sent LBA Letter and he received and signed for today,stating 7 days to respond or court action, what happens now, i don't think he will respond somehow

 

 

Thanks Nick

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anyone give me an idea

 

thanks

 

Nick

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If he dosnt respond, small claims court action


If I have been of any help, please click on my star and let me know, thank you.

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If he dosnt respond, small claims court action

 

thanks how do i start this off

 

Nick

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Where are you in the UK?

 

Also - push Trading Standards to act, and mention to the dealer you intend to report his activity to HMR&C as they are the ones who would cost him many multiples more than your car ever could.

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Where are you in the UK?

 

Also - push Trading Standards to act, and mention to the dealer you intend to report his activity to HMR&C as they are the ones who would cost him many multiples more than your car ever could.

 

south shields

 

Thanks

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Hi all what happens if i take him to court, do i have guarantees if i win i will get my money back ??

 

 

Thanks Nick

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There are no guarantees of getting your money back through a small claims court I am afraid. If the defendant has assetts that you know about, then you are more likely to be successful, because when he fails to pay you after 28 days you can escalate it to the court officer (bailiffs).

 

If he doesn't have any assetts you can seize, then it's much more of a lottery.

Edited by crem

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he definately has assetts he brags about how much money he has and his big house and cars

 

Nick

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Well entered Claim Online

 

lets hope he pays and collects this car

 

Nick

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do you have to pay to get bailiffs if he doesn't pay

 

Nick

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do you have to pay to get bailiffs if he doesn't pay

 

Nick

 

If it is jsut passed on to the court enforcement officer (i.e. their inhouse bailiff) I don't think there is another charge.

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If it is jsut passed on to the court enforcement officer (i.e. their inhouse bailiff) I don't think there is another charge.

 

I think there is, it used to be 15% of the amount claimed. Last time I used CC Bailiffs I only had them go for a quarter of the debt to keep the cost down if there were no assets of value.

 

If the OP gets jugement and the debt is sufficient, I think over either six or seven hundred the High Court Sherrifs are more effective.

 

http://lmgtfy.com/?q=high+court+sherrif+bailiff


PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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Hi

 

claim is in process

 

Claim History

You submitted a claim on 25/01/2013 at 19:03:54

Your claim was issued on 28/01/2013

 

time limit i believe is the 16/02/13 for him to reply or pay up, what happens then, as i still have this car stuck on my drive unable to use since 22/12/12. Paying insurance on it also ?

 

Many thanks

 

Nick

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Just come across this. Did you add interest to your claim? If you have SORNd the car (as previously advised) then you can cancel the insurance. But if the car is to be moved for any reason, it will need to be re-insured and taxed unless it is going to be driven directly to a pre-booked MOT (insurance would be needed but not tax/MOT). It would need to be put on a trailer for anything else.

 

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.


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.

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The cheeky frigger has put in a defence right at the time i was about to send the sherriffs in.Cant see online what hes put either, what happens now he not bothered doing nowt until now

 

Nick

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Anyone know what happens next

 

Thanks Nick

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If he has submitted an official defence and/or offer to your claim in the time he was allowed, then the court will send you his defence/offer for you to consider and reply to. for example he may part defend it along the lines of "I accept some of the fault and offer the claimant £xx not the full £yy he asked for". You can then accept or decline this offer with your reasons at which point the court witll set a court date.

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If he has submitted an official defence and/or offer to your claim in the time he was allowed, then the court will send you his defence/offer for you to consider and reply to. for example he may part defend it along the lines of "I accept some of the fault and offer the claimant £xx not the full £yy he asked for". You can then accept or decline this offer with your reasons at which point the court witll set a court date.

 

Thanks Crem

 

Nick

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Hi

had his defence come back through with a counterclaim,

 

His Defence is as follows:-

" There is no-one at this address by that name *** ***** sorry or is there a company called ****** **** **** . so you have no right to send me this. I sold private car sold as seen "

No receipt given ok. i am willing to participate in any court hearing this was my friends car and was discounted £250 for her (My Fiancee). yours faithfully and his signature.

also i didn't sell for Mr hunt.(obviously meaning me Mr Hunter).

 

then a counterclaim against me for £250.

 

"my claim is for stress and anxiety caused by these people."

 

the reasons for counterclaim are:-

 

"these have told so many lies excuse writing as have broken finger"

 

 

The car was purchased by myself with my fiancee present with receipt to come in post as promised (But never materialized), car we were told was from Reg Vardy this is why Spare Wheel was in boot "They (Reg Vardy put spares in boot when car is in sales forecourt to stop them being stolen we were told)", i have all the text messages from him about getting car fixed. i have emails to trading standards which was requested by them with details of all his cars for sale on gumtree. i can get copys of mobile phone bills showing calls made to him and the times showing contacted him less than 10hrs after purchase. and about 20 times after.

 

we have never lied about this nor do i have any reason to.

 

Can anyone give me advice on what to do next, what are my options etc etc.

 

 

Many Thanks

 

Nick

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Your option at this point is simple. Court! Respond to the court as directed in the paperwork by saying you reject his defence and counterclaim because.... blah blah..... Doesn't need to be an essay, just a simple couple of lines. Remember, you are not conducting a paper "debate" at this time with him, you are just stating facts as you see them and it is then up to the judge to make a legal ruling.

 

Keep everything you have safe and in printed version ready for the court. eg you may comment in court that you have all the text messages stored on your phone, but for the judge's convenience he will need typed copies of them.

 

His counterclaim is not worth considering (by you) as there is no direct financial implication and I think the judge will be hard pushed not to burst out laughing. The only (possible) major consideration at the moment is whether the court accept is defence that "he" is not the defendant. If they do, then the claim fails in that respect.

 

Hopefully you have provided sufficient evidence that he is a trader by demonstrating how many cars he has for sale.

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Your option at this point is simple. Court! Respond to the court as directed in the paperwork by saying you reject his defence and counterclaim because.... blah blah..... Doesn't need to be an essay, just a simple couple of lines. Remember, you are not conducting a paper "debate" at this time with him, you are just stating facts as you see them and it is then up to the judge to make a legal ruling.

 

Keep everything you have safe and in printed version ready for the court. eg you may comment in court that you have all the text messages stored on your phone, but for the judge's convenience he will need typed copies of them.

 

His counterclaim is not worth considering (by you) as there is no direct financial implication and I think the judge will be hard pushed not to burst out laughing. The only (possible) major consideration at the moment is whether the court accept is defence that "he" is not the defendant. If they do, then the claim fails in that respect.

 

Hopefully you have provided sufficient evidence that he is a trader by demonstrating how many cars he has for sale.

 

Thanks for your reply Crem.

 

also have the first 2 letters that were addressed to him and he signed for at his address have the second one proof of postage from royal mail online, first one didn't get royal mail proof of postage apparently they don't always get to update the website :(.

 

so cannot for the life of me see where hes coming from that he dose not live there, how has he got hold of court paperwork as well.

 

Thanks Nick

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