Bought used car which discovered fault with in a week....

[vicr76]

Hi all,

 

I bought a used Ford Ghia in 17 Sep'13 for £1000.

At the time of sale there was a squeaking sound in the car when you drive or brake

which dealer said it will go in time as it is because the car was in standing position from some time.

 

thought its ok and bought the car and payed the amount by direct debit.

 

Later that week I noticed there is a rubber/ plastic burning smell in and outside the car when you drive.

I informed the dealer about it and he said it will also go in some time.

 

I used that car for 2 weeks but still the squeaking sound and the smell didn't stopp but got worse

 

I called the dealer again and asked him to check and he asked me to bring the car to his garage

and asked to call him before coming.

 

after that weekend I tried his ph. no. few times but he never answered

 

on 19/10/13( Saturday) I took the car to dealer directly and asked him to see for himself

he asked me to tell the problem to his garage people so they can look the car which I did

and left the car and keys with the dealer.

 

When I am coming out of his premises I seen him taking out the car on road at speed,

at that time I thought he might be checking for the problem so ignored it.

 

later that day in evening I got call from him saying that there is a problem with brake disk ( its damaged)

which he can't fix and I have to do it myself but he can repair the smell problem

which I explained him as it was there at the time of sale and you know that so you have to repair which he refused

 

I asked him to do not do any repair as I want to proceed legally and I'll collect the car next day (Sunday) as we agreed

when I given him the car for repair previous day and he excepted.

 

Next day when I arrived at his shop at the time we agreed there was no one there and the office was locked, t

hen I tried his mobile but the never answered.

As I had work that day so I left for my office and

while I was driving out I seen my car standing outside on a private parking outside dealers premises.

 

When later evening I tried his mobile one lady answered the phone and she said he is out of town

when I can hear the dealer dictating her what to say

 

she said the car is with the garage and can collect from them. I

told her I never given that car to garage but to you and |I asked him not to do any repair. I

informed her that I will be coming to their shop to collect my car next day which she agreed.

 

Monday evening when I called the dealer in evening to collect the car he again started talking dodgy

asked me to collect the car from garage which I refused and he disconnected the phone,

I informed police and got log reference from them.

 

Later that night after dropping my wife to work for her night shift

I decided to check where my car is parked at that time so

 

when I got to his place my car was still standing in private car park s

I decided to take few pictures of it for future reference.

 

While I was taking pics I noticed there is a big dent in front passenger side door and scratches on the mirror frame

as well which was shocking for me.

 

Immediately after getting home I informed to police and updated my log reference.

Now he refuses and says he didn't caused the damage and the car is still with him till now.:mad2::mad2:

 

Guys can you please advice me what to do next as it really difficult for me to survive without two cars

as we got a 20 month old baby and it is really uncomfortable in this weather t

o take him with me when I go to drop my wife for night shifts

and pick her up early morning and then go for my work everyday.

 

Please advice me.:-):-)

[sailor sam]

Going on your information, this seems to have escalated into an un-necessary situation quite quickly. For a start, I don't understand why you have involved the police? Perhaps you can clarify what you have asked them to investigate.

 

As I see it, the process should of been quite straight forward. According to the SOGA, the seller has the right to inspect and rectify in the first instance. He should be given reasonable opportunity to do so. If he refuses, you then create a trail of evidence by writing to him at least twice before formally informing him of legal action which is done by the civil court process using the SOGA.

 

Your account seems to suggest that you have not allowed that process to be exhausted and as such, any claim at the moment will surely be easily defended.

 

My advice would be to re-wind to formally writing to the seller asking him to rectify the inherent fault and the damage to the passenger door at no expence to yourself within 7 days and take it from there. If he refuses, you can then write to him again informing him that you will get the car repaired and then pursue him for the cost. The alternative is to reject the car and ask for a full refund.

[vicr76]

Going on your information, this seems to have escalated into an un-necessary situation quite quickly. For a start, I don't understand why you have involved the police? Perhaps you can clarify what you have asked them to investigate.

 

As I see it, the process should of been quite straight forward. According to the SOGA, the seller has the right to inspect and rectify in the first instance. He should be given reasonable opportunity to do so. If he refuses, you then create a trail of evidence by writing to him at least twice before formally informing him of legal action which is done by the civil court process using the SOGA.

 

Your account seems to suggest that you have not allowed that process to be exhausted and as such, any claim at the moment will surely be easily defended.

 

My advice would be to re-wind to formally writing to the seller asking him to rectify the inherent fault and the damage to the passenger door at no expence to yourself within 7 days and take it from there. If he refuses, you can then write to him again informing him that you will get the car repaired and then pursue him for the cost. The alternative is to reject the car and ask for a full refund.

 

Hi Sam,

Many thanks for your reply. Sorry I forgot to mention about the letters. I already send an email to his company's website address and a recorded delivery letter which he refused to sign and later after contacting back CAB as per their instructions I again send him an email to his company email address the final letter before court action last week.

I informed Police as I have no idea how he got the big dent on the door, might have committed something criminal so want to inform them that if anything happend in that period the car was not with me but was with the dealer as it is until now.Hope this will help for you to suggest me something and hope I am doing the right way....

[sailor sam]

Hi Sam,

Many thanks for your reply. Sorry I forgot to mention about the letters. I already send an email to his company's website address and a recorded delivery letter which he refused to sign and later after contacting back CAB as per their instructions I again send him an email to his company email address the final letter before court action last week.

I informed Police as I have no idea how he got the big dent on the door, might have committed something criminal so want to inform them that if anything happend in that period the car was not with me but was with the dealer as it is until now.Hope this will help for you to suggest me something and hope I am doing the right way....

 

Ok well that makes the situation more clear. No doubt CAB told you of your options which include rejection.

 

As for the police involvement, it goes without saying that while the car is with the seller, it is his responsibility so i'm still not sure why you have felt it necessary to inform the police. I would be surprised if they will be interested unless you have proof of criminal intent.

[vicr76]

Hi Sam

 

I just took a precaution as I was worried that he might have done something as he was behaving mischievous from the next day I handed him over the car and he lied that he is out of town when I clearly heard him behind the lady asking him to tell me this and that. And secondly he should have returned me the next day without any repair as I asked him to do then why he done half repair and next day he didn't even bothered me to face and explain me. And why he chose to return the car at late evening when he should have called my wife and asked her to pick it up. And as per police them self they said that now its a case of damaging ones property (something like that).

[vicr76]

Hi All,

 

Can I ask a question?

 

I really want to know that does really Trading Standards do or what kind of cases do they undertake?????? As if you search online it says if you have faultu, not as described, etc cars and you findout with in six months we can complain to TS but we have to contact Citizen Advice Bureau and then they will pass to TA, But when you contact them we always asked to make a Claim in Court. If we have to make a claim in court then what is the role of TA or CAB? Can't we just go to Courts site and do it straight???