rogue ebay car trader/trading standards/cab/now court/keeps setting aside my claims

[david1471]

going by office of fair trading he broke various laws in the description and claim of the full recon engine and warranty were trading standards main points of evidence.

 

trading standards also pointed out he his well known for folding business once he gets court out and he his someone there aware of

[david1471]

steampowered I thought if a car was returned within 6 months he would need to prove the car was fit for purpose

[david1471]

steampowered I thought if a car was returned within 6 months he would need to prove the car was fit for purpose and show he did all to put it right.

[steampowered]

Within six months the burden of proof is on him to prove that the car was fit for purpose at the point it was sold. Don't get me wrong, he will have difficulty proving this, but it can go either way, in my experience judges generally are hostile to FPP claims about second hand cars.

 

The other problem is that the fact that the car should have had a recon engine/turbo will not be assumed unless you can produce a copy of the advert, and problems with the oil etc. might not be enough by themselves to constitute not FFP. Its all certainly worth pursuing but not necessarily a slam dunk if he defends.

 

If you have a print-out of an advert which makes claims which you can prove to be false (based on some sort of expert report?) that would be stronger.

[david1471]

little update 28th of January I went through mediation with the trader, we entered a settlement on a few grounds

 

 

1. I took much less to end this saga

2. he made quick payment due to court papers and fees needing to put in by 11th feb and cleared funds would be needed.

3. I cancelled court action and returned car documents.

 

 

he sent cheque very late meaning I would miss dates for court action

 

on entering cheque into bank

got them to check it out before depositing,

 

they spotted he put a line through 1 word knowing this would avoid the cheque from clearing but

they could try and see what happens.

 

Today the cheque bounced but

 

after speaking to mediator prior I was lucky I kept to my court dates

 

so his still gotta go to court in 2 weeks.

[dx100uk]

oh how surprising!!!

 

well done on keeping the option open.

 

make sure that goes into any doc you produce.

 

very obv deliberate.

 

dx

[F1fan]

Depressing. Coventry seems to be full of dodgy car dealers and they all seem to know how to play the court system to avoid legal responsibilities.

[steampowered]

Did you keep a copy of the cheque? This would be strong evidence that he settled the case and agreed to pay the amount, which would be binding regardless of the underlying merits of the case.

[Conniff]

A cheque is a promissory note so he has now admitted on paper that he owes your that much. Nice one