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Bought a broken car from a dealer

34 replies

Peronipony · 04/08/2024 21:39

Can anyone tell me what the chances of getting anything back are?

I purchased a car around 2 months ago. It’s broken, probably boost leak. The car was cheap (4k) and not worth spending thousands on.

I bought it from a small local dealer. I’m really skint and couldn’t afford to go elsewhere. She seemed lovely at the time. The car had 6 months MOT.

I’ve looked into it and the law states the car should have been fit for purpose for 6 months. I’ve spoken to the dealer who told me to piss off as the car was fine when she sold it, then blocked me. Shes not registered with the motor shop ombudsmen.

Cifizeno advice told me to send a letter giving her 14d to reply. How’s this meant to help if she’s refusing to deal with it? And this means I need to hang onto the broken car on my drive for god knows how long doesn’t it?

if this has happened to anyone else, have you taken it to court and did you get your money back? An independent garage won’t certify that the car was broken when I bought it either, so what do I do? I really can’t afford to loose this money 🙁

OP posts:
DeliciousApples · 05/08/2024 08:58

I'd do whatever trading standards told me to do. You have a good chance if she is a business.

I'd also photograph the compound. Just in case you need it. Fir evidence if she denies anything. If the company is registered it'll be on companies house website. You'll get her name from there.

If you can't, you could always ask trading standards as they could know from others who have contacted them about her.

Or send a friend round pretending to buy a car and introduce themselves,

"Hi. I'm looking for a cheap runaround, Jim Ramsbottom, and you are...??" and she'll tell him her name. Make sure he uses a fake name. She may also right enough....

Or if you're pally with the postman as you said it's a local pad, ask him what her name is.

Peronipony · 05/08/2024 08:59

theemmadilemma · 05/08/2024 08:52

This. Save all communication.

My friend had to take to small claims in the same scenario. She did win and did get a refund.

Thankyou.
My bank has offered to try a ‘chargeback’ after 14 days but I don’t know if it’s more hassle than it’s worth.

I would happily take her to court based on how rude she is! Will she know my name and address etc if I do this though?

OP posts:
Polarnight · 05/08/2024 09:01

Peronipony · 05/08/2024 08:59

Thankyou.
My bank has offered to try a ‘chargeback’ after 14 days but I don’t know if it’s more hassle than it’s worth.

I would happily take her to court based on how rude she is! Will she know my name and address etc if I do this though?

How can she not know your name and address already.
You bought A car from her. Was this a cash in hand thing.

Yes she will know your name and address it goes on the claim.form

HÆLTHEPAIN · 05/08/2024 09:01

I believe that to be court process compliant, you need to write a ‘letter before action’ before starting your MCOL. Basically it officially gives them a chance to resolve before you go any further

Here is a link to the CAB info/template.

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

I would also send 2 copies, each from different post offices, and get proof of posting (the PO counter gives them free), then it covers you in case she says she hasn’t received it. Then, if/when it goes to court, they will accept it’s been received.

Making a small claim

Find out what to do before you start a small claim, how to start one and what it involves.

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim

Peronipony · 05/08/2024 09:08

Polarnight · 05/08/2024 09:01

How can she not know your name and address already.
You bought A car from her. Was this a cash in hand thing.

Yes she will know your name and address it goes on the claim.form

No, I paid via visa debit/bank card. She had a cash machine.

Yes in hindsight she probably has it your right! I have no documents other than service history and the new keeper slip.

Thank you, I’ll write and send letter today as well as report to trading standards as a first step.

Do you all think it’s best to try a bank chargeback first, or just go straight for small claims?

OP posts:
HÆLTHEPAIN · 05/08/2024 09:13

Peronipony · 05/08/2024 09:08

No, I paid via visa debit/bank card. She had a cash machine.

Yes in hindsight she probably has it your right! I have no documents other than service history and the new keeper slip.

Thank you, I’ll write and send letter today as well as report to trading standards as a first step.

Do you all think it’s best to try a bank chargeback first, or just go straight for small claims?

You could try a chargeback but they (the seller) usually have so long to respond to dispute it. That said, I’m not sure how she could defend it so it might be worth a go. Maybe try the chargeback first and then if not successful, go the MCOL route.

We recently did a chargeback for something and it was relatively straightforward. Though it was only for £200. Our experience is that they refund you into your account while investigating, so if that happens, it’s important not to spend the money in case they find in the seller’s favour and take it back again.

Peronipony · 05/08/2024 09:23

Thankyou! The bank say they can’t investigate it until 14 days after I’ve reported it to the seller (so last Friday) and have told me to ring after the 14 days are up.
Maybe I’ll try that first, then just go for court.

In the mean time I’ll send a letter informing her of a potential court case.

OP posts:
NewGirlinClass · 05/08/2024 09:53

Trading Standards, and Small Claims Court. They should find her name.
Trading Standards may know her already. If she is a serial problem, they will know.
Be prepared for an 'offer' or deal on another car.

Monkeysatonthewall · 05/08/2024 09:57

I bought a car from dealer shop and very quickly discovered an issue. It was within couple days.

Called them and the guy said 'claim it on your insurance'. What a CF!
Told him it was clear the issue was already there when the car was bought plus it's only been a few days so he either sorts it or I'm taking him to small claims.

Sorted within a week.

Some of car dealers are CFs and will try to fob you off in the hopes you'd just give up.

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