In process of suing Motor Trader, should I pay for repairs in the meantime.

[greengriff]

Hi, first post, so go easy .

 

To cut a long story short I bought a car from a trader. I found out afterwards it had had some crash damage. He's partially repaired it (he accidentally left receipts to that effect in the paperwork) but left about 3 grand's work of further work (that was out of sight, so I guess he thought he could get away with it) not done.

 

Once discovered (about a week after bought the car) I called him and confronted him. He flat out refused to do anything and suggested I take him to court. I've written a letter before action and will start proceedings ASAP.

 

What I'm hoping you can help me with is to decide what to do with the car in the meantime.

 

I obviously bought it because I needed it, but I've not been able to use it since we discovered the problems (the garage we took it to said it was potentially dangerous) and so it's just sitting there.

 

I don't even really want a refund as that means this toerag will take the car back and sell it to some other poor sap. What I'd like is for him to pay for the repairs.

 

Presuming that he doesn't have a change of heart before the date on the letter before action passes, should I pay for repairs myself and ask the court to make him pay the bill, or will this potentially prejudice my case?

 

I just don't want to be further weeks without transport if I can avoid it, but equally I don't want to shell out thousands to repair the car and have the judge either make me give back a repaired car to the dealer, or tell me to go away since I've repaired the car already.

 

Help!

[Conniff]

You say you called him once you had discovered the damage. You should now put your complaint in writing. The courts wont see that you have tried to resolve by making just one phone call.

 

 

Personally I would book in into an MoT station without mentioning you have suspicions of it being dangerous and see what comes back.

 

 

What is the make/model/year and the price paid ?

[greengriff]

Hi,

 

Thanks for replying. I did write to him, even though it seems somewhat pointless given he's made it perfectly clear I will have to sue him.

 

The car is a 2003 Volvo XC90, price paid £5300.

[rebel11]

Hi greengrif

 

Here is the OFT's guide to selling Second Hand cars for dealers:-

 

http://www.oft.gov.uk/shared_oft/reports/676408/oft1241.pdf

[greengriff]

Thanks!

[angrycrow]

Is the car hpi clear and was it the trader who partially repaired the car or a previous owner. With cosmetic repairs done and £3000 of structural damage on a 2003 xc90 would have required at least a cat d marker if not a cat c with vic check, cat c will also show on any new v5 issued for the vehicle. The dealer is obliged to disclose if the car has been written off.

[blackknight]

Is the car hpi clear and was it the trader who partially repaired the car or a previous owner. With cosmetic repairs done and £3000 of structural damage on a 2003 xc90 would have required at least a cat d marker if not a cat c with vic check, cat c will also show on any new v5 issued for the vehicle. The dealer is obliged to disclose if the car has been written off.

 

 

Only if it was claimed through insurance.

[greengriff]

I contacted the previous owner. His wife crashed the car just before trading it in, and rather than go through insurance he just accepted a reduced trade in value. He's happy to confirm that in writing luckily.