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Original poster

Dealer sold me an unroadworthy car....

20 replies

Sky1992 · 14/01/2022 00:23

So just wanted advice is anyone had been in q similar situation

I brought a car on the 11.01.22. When I test drove it didn't really hear much again I went to dealership to buy a car in hope they sell me a good reliable one as private cars can be more trickier. He re assured me the car is perfect so I went ahead and brought it. On the way home the car was making noises the breaking was harsh and acceleration was very poor and because it has a catalytic convertor I decided to get it protected there and then. I took the car to my local garage who said the catalytic convertor is not genuine and has issues with its emissions and basically has only been weilded in and needs a replacement. I then called the dealer explained this he still refused a refund or a repair.
The day after and 2nd day of having the car i took it to the Toyota dealership for a full health check and turns out the car is unroadworthy and has multiple evident issues. The car cannot be on the road unless it has all 4 wheels changed and one wheel has absolutely no thread while the other one has so many cuts that is considered again as unroadworthy. He has basically sold me a car that is deemed as unroadworthy and his response to all this is, you viewed the car I did my part it had mot before I brogiht it so I didn't do extra checks. He wants to fix only the tyres but I told him I'd settle for him to pay for toyota to fix the issues that have been raised which he refused to.

I just want to know has anyone got experiences in small court claims and how did it do and did anyone actually get their money back and the court fee back and is it worth taking him to court?

OP posts:
HalfShrunkMoreToGo · 14/01/2022 00:26

Actually a dealer as in registered business or a private seller?

This is a useful resource - www.citizensadvice.org.uk/consumer/buying-or-repairing-a-car/problems-with-a-used-car/

Original poster
Sky1992 · 14/01/2022 00:31

He is a registered dealership. I am getting support with citizens qdvice and next step would be small court

OP posts:
LessTime · 14/01/2022 00:43

You can reject the car as it’s within 30 days of purchase. You are ‘lucky’ the faults came to light so quickly.
Look up how you go about doing it online. You could try Which, the AA or Martin Lewis’s MoneySavingExpert. I’m sure there are plenty of others. Citizens advice might help,too.
It be helpful to have an engineers report from the dealership where you took it to be checked out, just in case there is problems getting your money back. Also take loads of photos and screenshots or photos of any of the dealers advertisements for the car.
You need to reject the car before 30 are up as it’s easier.
I think you would be making a big mistake to enter into any negations with them. Just reject it.
I don’t suppose you paid with a credit card or debit card ( doesn’t have to be all of it). If so you could get the money back from them. You would have to research how to do it.

BTW, I’m no expert in this but I’m sure you are on safe ground. Just make sure you act quickly and reject the car. (Do it in writing)
Good luck and please update when it’s resolved. 😊

prh47bridge · 14/01/2022 07:58

On the information you've posted, this is an open and shut case. The fact you viewed the car does not take away his liability. The car must be roadworthy and of satisfactory quality given its age and mileage. It must also match any description given by the seller, so if the dealer said it was perfect, it must be perfect. If it doesn't meet any one of these three conditions, you are entitled to reject the car and receive a full refund. Alternatively, the dealer can fix it or provide a replacement but, if that doesn't work, they must provide a refund.

The dealer's response suggests they believe (or hope you will believe) the myth that second-hand cars are "sold as seen". This is not true. The fact you have viewed the car does not take away the dealer's liability.

LessTime · 14/01/2022 08:35

The dealer can only repair the car IF you want that. As it's within the 30 days you don't have to have it repaired you can chose to reject it outright.

Original poster
Sky1992 · 14/01/2022 11:33

I have tried to get my refund and i even told him he can fix it via toyota dealership but he refused all of it. I'm having to go down a small court route now which is going to be a nightmare at this point. Feeling so stressed about it

OP posts:
LessTime · 14/01/2022 14:50

I doubt the dealer is signed up for it but it might be worth checking if he is signed up to the Motor Obudsman - details here

Are you still using the car?

Is he part of a bigger company or a one man band?

I’d be feeling stressed in your situation too. Good luck

LessTime · 14/01/2022 14:54

Another question, did you buy the car on finance?

Original poster
Sky1992 · 14/01/2022 15:04

He hasn't signed up to them but I did send them an enquiry too and they said he was not accredited therefore they can't help and I did suggest it to him for a mediator which he refused on. I reckon its a one man brand a small company but still a dealership and a paid for the car in full via my debit card. We had another lengthy conversation in which I told him I want toyota dealership to repair it because I have lost faith in him he refused and said go via legal route so I did a small court claim online which has now officially been issued and he has until the 2nd of Feb to answer.

I will collect the car from the dealership but will not drive the car and will leave it parked as it is unroadworthy and in order to drive the car I would need to do repairs for it to be road safe. I just can't believe this is happening

OP posts:
Shade17 · 14/01/2022 20:54

You do have the right to return it for a refund within 30 days if faulty, if you choose a repair you don’t have the right to insist it’s repaired at a main dealer.

Original poster
Sky1992 · 14/01/2022 21:10

I have lost trust in him he lied about a few things so I am allowed to refuse his repair at his mechanic

OP posts:
Sideswiped · 14/01/2022 21:29

Get a big sign made with 'this dealership sells unroadworthy cars and refuses to give its customers refunds' on it. Drive the car to the dealership and put the sign on it (parked legally, and with sign / signs preferably inside so they can't remove it). Leave it there for customers to see.
Alternatively tell them you will contact the local press about it - and do it if they still don't respond appropriately.
One or the other will get you what you want.

LessTime · 15/01/2022 01:17

Have you properly rejected the car in writing. Email is ok but I’d do it in writing too with proof of purchase. I’d send it to all their addresses.

Original poster
Sky1992 · 15/01/2022 09:13

Yes I rejected in writing too and sent it as recorded delivery

OP posts:
swashbucklecheer · 15/01/2022 09:16

Is there a possibility of doing a charge back on the debit card to get your money back?

Getyourarseofffthequattro · 15/01/2022 09:49

I had this and initially they refused but I contacted citizens advice, sent them a letter as you have and then threatened them with small claims court and I'd tell everyone I knew to avoid them. They refunded me.

Original poster
Sky1992 · 15/01/2022 12:27

I tried that and he kept avoiding it so I have submitted a smart court claim application that was verified within hours and he should receive a notice very soon

OP posts:
Shade17 · 16/01/2022 20:02

Also worth noting that getting a court judgment is the easy part. Enforcing that is something different.

What exactly are the issues with it? If for example you take a 10 year old car to a main dealer for a health check they WILL come back with a list of issues. You might be better off putting it through an MOT at an independent garage and you’ll get a proper idea of what’s roadworthy and what isn’t.

GreenLunchBox · 16/01/2022 20:05

To me this is an easy case. You'll get your money back.

Shade17 · 17/01/2022 08:11

To me this is an easy case. You'll get your money back.

Many of these small dealers will “phoenix” in this situation, in which case there’s no chance.

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