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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

is this legal and aibu if i do it

27 replies

tangofandango1 · 31/07/2022 20:07

bought a used car a few weeks ago. seemed fine, test drive great, hpi clear, etc. drove away and warning light came on. after that more faults appeared within a few days of purchase. major faults - suspension problems, electrics problems, battery needs replacing. starting motor broke, etc etc etc. turns out they did their own mot at the garage and removed a past advisory without actually fixing it (pointed out by another garage).

asked for refund. garage being funny about it and refusing. said they will look at it tomorrow (with their own mechanic lol - so i know where it’s going) and refund if they find a fault (of course they won’t it’s their own mechanic who has evidently lied before).

if they refuse a refund i’m going to small claims court as advised by citizens advice as i’m within 30 days as stated in consumer rights act

firstly - does anyone know if i can claim the small claims court fee back from them?

secondly - say i were to stand in or outside of their garage and advise other customers not to purchase a car with them as they knowingly sell faulty cars - is this illegal?

thanks :))

OP posts:
Antarcticant · 31/07/2022 20:12

www.gov.uk/make-court-claim-for-money/court-fees

  1. Yes, you can claim for the fees.
  2. Not a good idea. You have no proof they knowingly sell faulty cars, so it could be considered defamatory; i.e. they could sue you for repetitional damage.
Riverlee · 31/07/2022 20:12

If you go through the small claims court, any fees incurred you will get back if you win.

Regarding standing outside the garage, that happened locally to me. I guess you have to be careful you don’t commit slander/libel.

CornishTiger · 31/07/2022 20:13

1 Yes. 2. Not a good idea but you can discuss your issues vocally whilst there with them in front of other customers.

TeddyTonks · 31/07/2022 20:16

This happened to me. Quoted the consumer rights act and stated intention of legal action. Had a refund within a couple of hours.

minipie · 31/07/2022 20:17

say i were to stand in or outside of their garage and advise other customers not to purchase a car with them as they knowingly sell faulty cars - is this illegal

Yes this could be defamatory

However what you can do is state exactly your factual experience ie you bought a car from this company and within a week xyz had gone wrong. And you can say it allll over the internet.

However I would probably hold off doing this if you are intending to claim as it is a bargaining tool ie if they offer you decent compensation then you will stay quiet.

Original poster
tangofandango1 · 31/07/2022 20:18

TeddyTonks · 31/07/2022 20:16

This happened to me. Quoted the consumer rights act and stated intention of legal action. Had a refund within a couple of hours.

i’ve wrote them emails, a letter stating my intentions etc. they won’t seem to budge. tomorrow is deciding day i’m really hoping they aren’t stupid enough to let it go to court because i have all the evidence i need

so bloody frustrating

OP posts:
Original poster
tangofandango1 · 31/07/2022 20:21

i read that you can use truth as a defence to defamation if it comes to it. so if i only say the facts does that count?

OP posts:
midairchallenger · 31/07/2022 20:22

Is this the car that you test drove / your dad test drove with it juddering? And you knew it has problems?

Standing outside their business causing a scene / trouble is probably a good way to get the police called on you. Regardless, it would be a silly thing to do and will just make you look bad.

SpotlessMind88 · 31/07/2022 20:22

minipie · 31/07/2022 20:17

say i were to stand in or outside of their garage and advise other customers not to purchase a car with them as they knowingly sell faulty cars - is this illegal

Yes this could be defamatory

However what you can do is state exactly your factual experience ie you bought a car from this company and within a week xyz had gone wrong. And you can say it allll over the internet.

However I would probably hold off doing this if you are intending to claim as it is a bargaining tool ie if they offer you decent compensation then you will stay quiet.

This ^^

minipie · 31/07/2022 20:24

Yes, if you only say facts that you can prove, you’re fine. But things like “they knowingly sell faulty cars” don’t fall within this, as their knowledge would be very difficult to prove.

midairchallenger · 31/07/2022 20:24

tangofandango1 · 31/07/2022 20:21

i read that you can use truth as a defence to defamation if it comes to it. so if i only say the facts does that count?

The onus would be on you to prove it was truthful. Defamation is a civil action.

Breach of the peace, harassment, malicious communications, etc are criminal.

midairchallenger · 31/07/2022 20:25

And prove to the satisfaction of the legal system, not to your own satisfaction.

Original poster
tangofandango1 · 31/07/2022 20:30

midairchallenger · 31/07/2022 20:22

Is this the car that you test drove / your dad test drove with it juddering? And you knew it has problems?

Standing outside their business causing a scene / trouble is probably a good way to get the police called on you. Regardless, it would be a silly thing to do and will just make you look bad.

no? i test drove it and it was fine

OP posts:
Original poster
tangofandango1 · 01/08/2022 18:17

update. went in and they said they will refund me on saturday when the other director is back. i got this on video and said i also want it in an email. if the email isn’t here by tomorrow i will go back in. however if they email and i also have video proof can they backtrack on the promised refund on saturday or? i feel like they’re trying to trick me into going over the 30 days (next monday)

OP posts:
Wonnle · 01/08/2022 18:51

The MOT only means it was road worthy at the time of said test , what happens after that ......

The Saturday bit is a delaying tactic I reckon .

SlickShady · 01/08/2022 19:36

tangofandango1 · 31/07/2022 20:21

i read that you can use truth as a defence to defamation if it comes to it. so if i only say the facts does that count?

They 'sell' etc implies a habitual thing and you have no evidence of that, so it could be defamatory. I'd stick to recounting your own experience.

Original poster
tangofandango1 · 01/08/2022 19:42

Wonnle · 01/08/2022 18:51

The MOT only means it was road worthy at the time of said test , what happens after that ......

The Saturday bit is a delaying tactic I reckon .

i feel like it’s a delaying tactic too. i do have it in a video of him saying they have the car and i’m not currently in possession of it and that they’ll refund me on saturday 6th august so if it came to court i can prove they’ve had it since within the 30 days but don’t know if that counts

OP posts:
PegasusReturns · 01/08/2022 19:44

Someone did this outside a dealership near me.

Made a huge sign saying “Ask me why you shouldn’t buy a used car from ABC Cars” I think their issues were resolved relatively quickly

Original poster
tangofandango1 · 01/08/2022 20:11

PegasusReturns · 01/08/2022 19:44

Someone did this outside a dealership near me.

Made a huge sign saying “Ask me why you shouldn’t buy a used car from ABC Cars” I think their issues were resolved relatively quickly

thats what i was thinking! surely that’s not defamation because you’re not actually saying anything against them unless someone asks you

OP posts:
cathcath2 · 01/08/2022 21:48

Are they on social media? If they don't refund on Saturday, tag them asking why they aren't refunding you on the faulty car they sold you despite promising to. Keep it to strict facts. Bet it gets sorted quickly.

LimboLass · 01/08/2022 22:08

Dont you need to reject the car first and ask for a refund before you go to court? You really need to be asking this on a legal forum

2bazookas · 01/08/2022 22:30

the MOT garage is in very serious trouble; report them to the Driver Vehicle Standards Agency, police, and local council.

<www.gov.uk/guidance/mot-testing-guide>

BeetleManiac · 01/08/2022 22:42

Slight error in the MOT link.
www.gov.uk/guidance/mot-testing-guide

Cherms · 01/08/2022 23:06

As long as you've rejected the car in writing within 30 days then when they refund you doesn't matter (of course you want it soon but I'm talking about going in to get the refund doesn't have to be within 30 days)

Original poster
tangofandango1 · 02/08/2022 09:35

LimboLass · 01/08/2022 22:08

Dont you need to reject the car first and ask for a refund before you go to court? You really need to be asking this on a legal forum

i already have

OP posts: