Deposit on a second hand car which was a write off

[Monkey123]

I agreed to purchase a Car from second hand home based motor trader for £5K I gave a Cash deposit of £250 with the balance to be paid on collection of the vehicle. I obtained a receipt.
Later that day I went to ensure the vehicle with my insurance company and they informed me that they would NOT cover the vehicle because it was registered on the Association of British Insurers (ABI) Database. – Classed as a Category D “writeoff” I subsequently confirmed this with the ABI.

With this being the case I requested the return of deposit by telephone and letter sent recorded. Nothing has happened for a couple of weeks so today I then contacted my Trade unions solicitors’ who normally deal in Personal Injury but gave me some vague advice on the points of having to take this to the small claims on the basis of

1) A clear Breach of contract has occurred
2) A clear Breach of my consumer rights has occurred
1) A clear Case of “Misrepresentation” has occurred there advice was to issue a personal claim under the small claims on this basis.

Do I need to do anything add or do more in filling in my statement and when do I need to send copies of receipts and letters to the court?

any advice is very welcome

[Caspar]

Re: Deposit on a second hand car which was a right

Am I not right in thinking that under any contract you have a cooling off period? Surely if this is the case they have to give you your money back. Did you actually sign anything? If so, can you post it for us to look at (removing personal details)?

I wouldn't have thought you'd have to go as far as the small claims court to get your money back, though obviously that is always an option.

[Monkey123]

Re: Deposit on a second hand car which was a right

The thing is the guy - dealer has been ignoring me for two weeks so I think I need to be thinking of court - my unions legal team said it's was unlikely he would pay up until taken to court but to be fair to them it's not their area . My point is the attitude of the guy is "if I ignore him he will go away" so I think a set of court papers my work ?

[Tools]

Re: Deposit on a second hand car which was a right

Can you post up the letter you sent to him please. This would help to see where you stand so far and what further steps can be taken.

Also, where was the car advertised and do you have a copy of the wording from that advertisement anywhere?

[pompeyfaith]

Re: Deposit on a second hand car which was a right

and get the insurer to confirm there findings in writing to you

[shell]

Re: Deposit on a second hand car which was a right

It might be an idea to let Trading Standards know as well. Let's face it, he's only going to sell the car onto some other unsuspecting person.

[The Debt Star]

Re: Deposit on a second hand car which was a right off

for £250 quid the dealer is being a complete schmuck. the bad reputation and ill-feeling this is causing can only do harm to his business. WTF doesn't he just hand back the £250? All he had to say was that he had been conned into buying the written off car as well, but no, he has to behave like a total prick. Monkey123 I hope you not only get the £250 but interest on it and compensation mate.

[pompeyfaith]

Re: Deposit on a second hand car which was a right off

in the interest of pre litigation i would send him a Letter before action give him 14 days to comply and state that court papers will be filed on the 15 day for the deposit and your costs make it very clear his actions are damaging to you and his reputation doing this will put court action more in your favour as you have shown to take steps to settle out of court PF

[The Debt Star]

Re: Deposit on a second hand car which was a right off

why o why do people have to be dishonest like this? Its so depressing.

[pompeyfaith]

Re: Deposit on a second hand car which was a write off

indeed if you went into a shop and stole somethng you would be hauled before the courts and quite rightly so but in my book this is no differant except this has to go via a civil court for you to prove

Sorry the gov has to come down hard on this activity and outlaw legalised theft not enough is being done to level the playing field it is not just car dealers but business in general including bailiffs

[The Debt Star]

Re: Deposit on a second hand car which was a write off

hear hear

[pompeyfaith]

Re: Deposit on a second hand car which was a write off

it is also amazing how the gov got the banking levy through parliament so quick yet to get fair redress for consumers takes forever

[The Debt Star]

Re: Deposit on a second hand car which was a write off

its all to do with the class system in this country. it is endemic to how we think and act as a nation...it drip feeds into every aspect of life...from education to commerce. From the cradle to the grave, man. Screw the weakest into the ground and look after yourself: thats the motto of our age.

[Caspar]

Re: Deposit on a second hand car which was a write off

its all to do with the class system in this country. it is endemic to how we think and act as a nation...it drip feeds into every aspect of life...from education to commerce. From the cradle to the grave, man. Screw the weakest into the ground and look after yourself: thats the motto of our age.

Hence my massive interest in Common Law!

[Caspar]

Re: Deposit on a second hand car which was a write off



Taken from this site:



http://www.adviceguide.org.uk/index/...is_a_write-off

You discover that the vehicle is a write-off

A vehicle may be called a write-off or total loss by an insurance company where:

• the vehicle has been stolen
• the vehicle has been burnt-out
• the insurance company consider that it is uneconomical to repair the vehicle
• the vehicle is incapable of repair following an accident.

A write-off does not necessarily mean that the vehicle should be scrapped or destroyed. It may be repaired and put back on the road, by the owner or by a dealer who bought it from the insurance company.
As a result of some other problem, for example, an accident or police check, you may discover that you have bought a vehicle which has been a write-off sometime in the past.
You should first find out if the vehicle was repaired properly. If it has been repaired properly and the vehicle is in a roadworthy condition, you will not have a claim against the seller unless they gave a misleading description of the vehicle. For example, they might have said it was in first class condition, had one careful owner, or was totally perfect, when none of this is true.
If you bought the vehicle from a dealer and they gave you a misleading description, they may have committed a criminal offence.
If you bought the vehicle from a private seller and they gave you a misleading description, it may be possible to take legal action against them.
If the repair has been badly carried out, your rights will depend on whether you bought the vehicle from a dealer, or from a private seller.

Deposits

If you put a deposit on a vehicle and later decide not to buy it, you will not be able to get the money back unless the seller agreed that the deposit was returnable if you changed your mind, for example, after having an independent inspection done. If you change your mind before you get the vehicle, the seller can't force you to buy it.
In England and Wales, for more information about your right to cancel a contract to buy a second hand car from a dealer, see Second hand cars, in Consumer Fact Sheets.

Leaves you in an interesting position as you're now left arguing whether the car was of satisfactory quality. This doesn't mean it couldn't have been written off, it depends what category write off it was.

Having said that, whatever the legal position I'd go hell for leather for my money back.