Facebook Motor Trader (sold 138 cars there) & a Motor Trader & MOT cente - NWH Auto Engineers/MPH Remapping & DPF Centre. - sold me a PUP

[Boobydo]

Thank you in advance for stopping, reading and hopefully advising on my post.

Back in September I purchased a newer vehicle which I use when I go overlanding/Camping/Hiking. 

It was a fair distance away and I called the seller, who at the time didn't explain he was a trader, but he did have his own garage/MOT station. 

He was very helpful, answering all my questions and showing me around the vehicle via video.  After lots of questions I decided to buy the vehicle.

Since September there have been a few issues, with some most serious issues coming to light in December, mainly that someone had covered over the ABS, Traction Control and Airbag warning lights behind the dash with PTFE tape.  None of the safety systems were operating!

The person who sold the vehicle was also the person who actually MOT'd the vehicle, yes, the actual tester. 

I've spent just under 3k having a new steering rack, rear brake lines, ABS system repairs and new seatbelt due to the airbag issue and I'd like to claim at least some of this cost back.

My main question is this. 

I only have the sellers work address of his garage. 

He doesn't appear on the voters roll and neither does his wife. 

Can I make a claim against him at his work address? 

What advice would you give if this isn't the case?

[honeybee13]

Do you know if he's a sole trader or does he have a company?

HB

[honeybee13]

I've moved your thread to our Vehicle Retailers subforum, I expect someone like @BankFodder will be along later.

HB

[Boobydo]

Sadly he appears to be a sole trader. 

I've searched his name for Directorships.

Edited January 8 by dx100uk
unnecessary previous post quote removed - just type!

[honeybee13]

But you know his name and you have the original advert and an invoice for the car? But not his home address.

HB

[BankFodder]

Please will you tell us the name of the business and the name of the individuals involved in the address that you have.

You been here since 2021 so you know about us and it is a shame that you didn't come here a lot earlier.

Have you taken it up with him at all and what has he said?

Please tell us about the vehicle – vehicle type and model, age, mileage, price paid.

You have to understand that we need as much information as possible in order to advise you.

I think you need to get an independent inspection of the vehicle and in particular you need to get an opinion as to whether the things that were wrong were in fact probably present at the time you bought it and certainly at the time that it was MOT'd.

And although you won't like it very much – I suggest that you look at our used car guide – in particular the video that we have about how to protect yourself when buying used cars.

[Boobydo]

Thank you for coming back to me. 

I haven't been able to jump on this sooner as the issues have been significant and have taken time to get to the bottom of.  I have taken this up with the seller back in October and then December.

With regards to your questions

the vehicle is a Mitsubishi L200 2010 and I paid £4700. 

This is a second car and I cannot justify having a newer truck sat on my drive as well as my car. 

I'm afraid I'm a little concerned about listing the person's details on here for all to see, but happy to message them if the details are required. 

The seller is based in Lytham St Annes and runs a garage there as well as being the MOT tester who passed the vehicle. 

The Garage is called NWH Auto Engineers/MPH Remapping & DPF Centre. 

The seller sold it as a private sale, not through the garage, hence me asking about home address. 

I have since gone through all of his facebook and found him to have sold 138 cars over the last year.

As the vehicle was going through repairs, everything was listed, photographed and videos taken where required.  The garage carrying out the work completed a full inspection for me and they are also an MOT Centre.

If you require any further information then please do let me know.  

Edited January 8 by dx100uk
unnecessary previous post quote removed - just type!

[BankFodder]

What you describe as the sequence of events makes it even more bewildering but you didn't come to us much earlier.

Are suggest that you take it for an independent MOT and an independent inspection as quickly as possible and then we can move forward.

You will need to get evidence together and there is no time to be lost. You've wasted enough time already.

Did you follow the used car link?

[Boobydo]

I'm sorry if I might sound wrong here, but there is absolutely no point in the vehicle going in for an independent MOT now that the faults have all been rectified. 

I hope that with all of the photos, videos and reports that I have plenty of evidence to make a claim. 

I simply want to find out if I can claim against the seller at his work premises. 

I have compiled my Court bundle and would like to move forward.

Edited January 8 by dx100uk
unnecessary previous post quote removed - just type!

[dx100uk]

thread title updated.

who have you listed as the defendant in your court claim? him as a person at this home ad? or listed it as T/A NWH Auto Engineers/MPH Remapping & DPF Centre. ? which you should have done

you would be quite OK to list his business as them, as its obvious from FB that he trades in cars and it would not be deemed a private sale. i also wonder where the tax man sits on this too.

the fact he is an MOT centre and passed this car when the dash warning lights were blanked out is very bad for him.

what are you claiming? the full cost of all the repairs you've had done?

have you got a copy of his MOT cert?

dx

[BankFodder]

36 minutes ago, Boobydo said:

I'm sorry if I might sound wrong here, but there is absolutely no point in the vehicle going in for an independent MOT now that the faults have all been rectified.  I hope that with all of the photos, videos and reports that I have plenty of evidence to make a claim.  I simply want to find out if I can claim against the seller at his work premises.  I have compiled my Court bundle and would like to move forward.

Yes of course you can make a court claim. Why not?

The bizarre thing here is that is normally the wrongdoer who covers up with evidence. In your case it seems that you, the victim, have covered up all the evidence.

If you want us to help you then we can but we will ask you information and if you don't provide it to us then there won't be much we can do.

The only thing I would point out so far is that you have decided to go it alone so far….

[Boobydo]

I appreciate your help and advice, although I don’t actually feel very welcomed by you.

Thanks for responding in the first place, but it appears I may have caught you on a bad day.

I haven’t yet submitted my claim, it’s sat in draft format.  

Thank you so much for letting me know that I can address it in the way you describe.

the vehicle also required a new steering rack.

 I think I’d be fair in claiming half of that cost as it’s due to wear and tear and the full cost of labour and parts for everything to do with the ABS, Airbag system and traction control.  Plus of course, the court fee.

i do have a copy of the MOT cert

[BankFodder]

Not at all.

We do our best to help people who have managed to get themselves into problems and we have to think not only of the people who are asking us for help but also the other people who visit this forum for information and also to find out how best to look after themselves.

You bought a car from a trader. It obviously had lots of problems but instead of starting to deal with the trader and maybe asking for our help, you put your hands in your pocket and started paying for the repairs yourself.

Now you want to go back and claim the money back from the trader but as I understand it, you may not have approached the trader so we don't know what his reaction is. I asked you about this but you haven't addressed the question.

You are trying to be fair with the trader and trying to claim only half back but of course we are dealing with a man who apparently is representing himself as a private seller that you have discovered that in fact he trades vehicles and he has sold at least 138 of them.

Do you really expect this person to act fairly towards you? I shall be very pleased if he does – but don't hold your breath.

One of the things that you should realise is that maybe getting a judgement against the person is going to be straightforward but enforcing it might be a completely different matter. This is one of the reasons I want to know who the person is that you are dealing with. You say that you don't have any kind of personal address. Is the garage well established?

You say that you have got a draft claim form. Why don't you start off by showing it to us.

You say that you bought the vehicle from a person some distance away from you. How far away? Where was it advertised? What did the advertisement claim?
 

[dx100uk]

just type there is no need to keep hitting quote

makes a topic twice as long and hard to find replies on tiny phone screens etc.

 

[BankFodder]

Also, who fitted the steering rack and how long ago?

Did they form a diagnosis of the condition of the original steering rack? Did they form an opinion that in fact the steering rack had been in poor condition and shouldn't have got it's MOT? These are the kinds of things that an inspection might produce for you.

I think you're being far too generous only claiming half. You may as well claim it all if you're going to claim. Then if you really feel generous enough to want to negotiate, you can step back from the full amount to the half amount.

There are lots of ways to deal with this that you will need to tell us a lot more

[dx100uk]

and have you even sent a letter of claim yet and WHO TOO....

dx