Scammed. Help?

[BeenScammed]

Not really aibu.. more posting fit traffic.

Basically brought a second hand car. Guy said he didn't have time to stick a new mot on it. He said nothing wrong with it etc. (MOT till dec).

I took it for mot today. There's an endless list of serious reasons it's failed. Not worth fixing.

I have the guys name. I've looked him up
On Facebook. He runs a "buy any car, dead or alive" business. Clearly he knew this car was a piece of shit.

I want to take him a small claims court. How do I do this? How do I get his address?

I'm on mat leave, getting paid very little and that'll stop soon. This is the last thing I needed right now

@HedgesAreBlue

Hello, I'm sorry this has happened. Not your fault - he was the deceiver.

I had a similar experience last year. Guy sold me a car, claiming to be a private sale, with fresh MOT, but once it I took it to be inspected, my mechanic tells me the faults in the car, that should have failed the MOT, meant it was not economic to repair.

Best summary I found of legal situation with used car is this:
client.lawexpress.co.uk/so-you-are-buying-a-used-car/

(Contrary to some of the posts above, under the Consumer Rights Act 2015, your sale was not a "private sale" because the seller is a trader. "A trader claiming that an individual was not acting for purposes wholly or mainly outside the individual’s trade, business, craft or profession must prove it.")

You can report an MOT tester for fraud here:
www.gov.uk/guidance/report-an-mot-tester

I used the following to start to make a small claim:
www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

I'd say you have a chance of getting some money back, though it's not certain. My story was that I was polite and persistent asking the seller to refund my money. He stalled. Eventually, I told him I was going to send him a "Letter before claim" (first step taking him to small claims court), and that I was going to report his pal the MOT tester to the DVSA Intelligence Unit (fraud team). At that point, he decided to refund my money - I suppose it was getting to be more trouble to him that it was worth.

Good luck!

He's a dealer. He kept the dealer part of the v5. He's advertising all over Facebook as a dealer. He's got a sign written van and flatbed.

OP, how much was the car and how old is it?

Sorry this happened to you. We had this a couple of years ago and it turned out the guy had done it to dozens of other people. The last straw was when the clutch went. DH was stuck on the hard shoulder in the dark for four hours after another motorist helped him push the car over to safety. I’d try trading standards, they might already be on their radar.

Can I ask why you took it for MOT when it still had 2- 3 months left? Was that just for reassurance?

Anyway, I think I'd be posting reviews about this guy all over FB. Stick to facts.
Don't know about legal side. I'm sorry, this must be so shit.

When did you get get it OP? I’m asking as I had similar with a car I bought from an independent dealer, had it 3 months and the clutch went and then the electric steering went, cost £1,000 to put right but having contacted the garage I got it from it only came with 2 months warranty (second hand). I put up with it for a few more months then traded it in at a well know big firm for something more reliable and at least it came with more warranty. I now only stick to bigger garages or chains and get the best warranty I can

To add pretty sure the garage I got that car from no longer trades now

If he is a dealer, not a private seller, you have six months warranty by law, regardless of what the dealer says. Look on Honest John's website for the way you go about things. What he has sold you is not fit for purpose so you are entitled to hand it back for a full refund.

So the issue is that he told you the car was roadworthy and now you've found that it isn't?

The MOT is a bit of a red herring as other posters have said it's not any kind of indicator of the current state of the car.

I don't suppose you have a copy of the original advert do you? Any prove that you have about how it was advertised wil help you. He doesn't sound like the type of person who can be reasoned with, I'd start a small claims court case (I think it's called something else now) and let him make his case to the court.

It doesn't help you in the short term but might shock him into action

If he is a dealer, not a private seller, you have six months warranty by law, regardless of what the dealer says.

A trader’s responsibilities under CRA 2015 are NOT the same as a 6 month warranty. A trader is under no obligation to offer any warranty whatsoever but can’t absolve themselves or their CRA responsibilities (unless selling as unroadworthy and trailering away)

He's a trader. Crystal clear, unless he lies through his teeth. It's not about being "registered", it's about what he in fact does.

So all the usual rights apply. It has to be of satisfactory quality, fit for purpose, and as described. For a car that's going to mean being roadworthy, unless it was clearly sold as "for repair". (Now if it was cheap then sure, it might have a load of less-important damage and some parts that need replacing soon.)

If you bought it within the last 30 days you have the right to a refund.

He's a dealer. He kept the dealer part of the v5. He's advertising all over Facebook as a dealer. He's got a sign written van and flatbed

If he is selling cars and operating as a business then it’s not a private sale and you should be able to prove that. He has the same responsibilities to the consumer as any vehicle selling business. If the vehicle is dangerous then he’s committing a criminal offence as a trader by selling it to you.

In your position I think I’d write him a formal letter stating that you purchased a car from his business and that faults have been found which means the car is not roadworthy and considered too dangerous to drive. Remind him that The Road Traffic Act 1988 makes it an offence to sell an unroadworthy car. Say what you want (a refund) and by when. Send it by post and by email. BTW that Act does not distinguish between private sellers and motor traders - selling an unroadworthy vehicle is an offence if the buyer is unaware full stop.

A formal letter is what you’d have to write anyway as part of the Small Claims Court process. The letter mentioning a criminal offence might motivate him to at least reimburse you. If not it might be worth having a conversation with your local trading standards. Which? And the CAB have advice about how to write this kind of letter.

Sorry OP, I found the dealer will always tend to win. I've recently 'lost' about a grand. And I'm quite knowledgeable on engines, bodywork, electrics etc.

Could I have taken it to small claims court?
Absolutely.
Would I have felt safe and affordable and reasonable chance of winning?? If I won, would I get the money or would I need to use bailiffs to recover? (very common).
I assessed the situation thoroughly and decided it was not worth the time and heartache. The dealer had good reviews (which can be fake of course!) and included warranty (which turned out to be worthless) but the car was a potential deathtrap.
And sadly me being in the 'right' didn't make things any easier at all.

Trading standards and the "nationally verified trusted dealers" website didn't want to know either.
Will only now buy if I'm going to spend a hell of a lot more money, from council /local authority verified trusted dealers, check Companies House for current turnover/tax returns to make sure legit, and VAT registered etc.

It's awful, it can really affect your trust in people. Apparently 40% of used car buyers feel they've bought a crap car/been ripped off at some level.