Rejecting and Returning used car

[Lg-1991]

on 19/12 i bought a car from a trader operating from his house,

it had a full 12 month MOT with no advisories, and looked in generally tidy condition.

 

On driving the car back from Blackburn,

i noticed that the front nearside had a slight rattle

and on looking at prior MOT's the N/s anti roll bar was an advisory,

 

I emailed a local garage on 21/12 and booked it in for 23/12

 

On the 23/12 the car went in to be checked and

soon after I got a call stating that the car had a whole host of issues and there was no way it should have passed an MOT on 16/12.

 

I called the trader, (who incidentally lists cars as both a trader and private seller on autotrader)

who contacted the garage at my end and spoke to them.

 

The trader then said he wanted to have the original MOT station look the car over, to ensure the issues weren't made up.

 

I also contacted the original test station to enquire as to whether they knew the MOT was shoddy.

 

The test station and trader requested I take the car to them,

which I did on 24/12

 

after calling the test station in the morning I drove to Blackburn (from Blackpool)

and was expecting the tester to be there,

 

somewhat unsurprisingly he didn't show up for work...

I contacted the seller to tell him that I had bought the car back and the MOT tester hadn't shown,

and he told me he was not prepared to come look at the car, and would not offer a refund.

 

I have reported the MOT to VOSA as I was advised to by my garage (they refused to carry out any work on the car)

I have reported the seller to Police as I have been advised the car is not roadworthy.

I have contacted Citizens advice who will refer to Trading standards.

I have sent a letter special delivery,

stating I am rejecting the car on the back of the issues my garage found, a

nd intend to send another once VOSA have confirmed the MOT should not have passed.

 

I'm just wondering if there are any other steps I need to take.

 

Thanks

[silverfox1961]

Hi and welcome to CAG

 

While I am no expert, you have done everything you need to do.

 

What I would do is get more proof that this guy is a trader as if he continues to refuse the refund, you will have to take court action.

 

So long as you make the car available to him, you should be ok

[edjama]

How Did You Pay?

[Lg-1991]

Hi and welcome to CAG

 

While I am no expert, you have done everything you need to do.

 

What I would do is get more proof that this guy is a trader as if he continues to refuse the refund, you will have to take court action.

 

So long as you make the car available to him, you should be ok

 

The guy is still listing cars today on autotrader, as both a trader and private seller, dependant on the car.

However, autotrader have confirmed that the advert for the car I bought was listed by a trade seller.

I have this in writing from them.

My main concern is that he is possibly selling unroadworthy cars to other people just after xmas...

[Lg-1991]

How Did You Pay?

 

I paid cash, yet have a signed receipt for the monies stating the vehicle sold, for how much, and I think it says taxed and MOT'd

[Lg-1991]

Okay, so the reciept says taxed and MOT'd and I have VOSA looking at the car this week regarding the MOT. Also the dealer has ignored my letter, do I need to contact him again or can I begin court proceedings?

[sailor sam]

Doubt if the police will be interested at this stage (if at all).

 

You will need to send him a 'letter before action' (LBA) prior to taking any proceedings indicating that you require to arrange a return of the vehicle for a full refund giving him 7 working days to respond. Send by recorded delivery.

[silverfox1961]

I agree with sailor sam. The 7 days would start from the time the trader receives the letter so Recorded Delivery (or even special delivery) is the way to go.

If the trader refuses to accept any letter it will still be deemed as served as when you track it via the post office, it should show as refused.

[Lg-1991]

Okay, so I have received a letter back stating that the gentleman "has no recollection of selling me a car".

The receipt does not have a full name on, however I have SMS messages stating the location of the car, and have identified the owner of the property from which the car was purchased, who is the person who has written to me.

Any ideas of where to go next?

[sailor sam]

Did you send the LBA?

[Lg-1991]

The LBA hasn't been sent yet as trading standards blackburn are in the process of getting the advertisers name from autotrader, they wouldn't give it to me due to data protection.

If I am going to take legal action, I need to make sure it's against the right person.

[sailor sam]

Well it would be un-wise to commence proceedings without sending an LBA first which should be your next move.