Taking motor trader to court

[Dona150]

Hi I’m new here and wonder if anyone can help me pls,,back in July last year we brought a bmw for less than £2000 lovely cat it is but in November I was looking to see wen the mot was due and I noticed it was in 2 wks time well anyway I found a bit of paper it said something about a piston and oil ring I didn’t understand it so got straight on to the phone and messaged the guy who sold it to us his reply was it’s nothing and if there’s any problem we can use the warranty that we had paid extra for it and that was that,,I started to worry more about this so rang up my garage and he told me sounds like a oil ring stick in the piston so messaged the other guy again for him to ignore me this time,,so I threaten to ring up consumer ,well cut a long story short he gave me his colleague number for him to deal with it and he was starting to sort it ,,in the mean time the garage done the mot on it and told up it’s such a big job and will cost a lot of money and he won’t beable to do it as time consuming,,so told this guy all this and he was gonna claim off my warranty and told me he rang them to sort it and tbh I didn’t believe him so I rang the warranty and they told me no one has been in touch with them and they said now it has no mot they can’t touch it so I told the guy all this he rang me back screaming and shouting down the phone at me about not trusting him bla bla,since he ignored me and I have sent 3 letters altogether and now next week I’m paying to take him to the small claims court,,I’m sorry it’s so long but wanted to know plps views on this like am I wasting my time,,we are still paying tax and insurance on this my partner is classed disabled so I can’t even take her out ,,I know the currant condition but we ain’t been out since November and rely on shopping being delivered,thankyou in advance for any help in all this

[Scot22]

I'm sorry for your misfortune. Unfortunately expensive cars like bmw are expensive to repair. Regrettably when they are older and cheaper they are still expensive to repair.
Too many warranties have that many exclusions they are fairly worthless.
It is around six months since you bought it so another problem. I suspect it is also diesel which can be money pits.
From the sounds of it I would be pessimistic about any chance of success. I would also have concerns about dealing with this place.
I have made a few poor car buys so speak from bitter experience !
Consider cutting your losses and seeing what you can get scrapping it.
I apologise for being gloomy about the situation, hopefully I am wrong ( often am)
If buying an older car a sounder buy is Japanese simple petrol car.
Best Wishes.

[des8]

What were the MOT failures?

Did you buy it from a dealer?

How did you pay for it? credit card/debit card/cash/finance

[shady2them]

How long was the warranty for?

[Dona150]

3 months but after 3 months we paid for it ourselves so we can have it on the car

[Dona150]

Sorry des8 just see ur post ,it says on mot cert
fail
repair immediately (major defects)
exhaust carbon monoxide content after 2nd fast idle default limited
i brought it from a car dealer from
auto trader
and paid for it by transferring it to him and we paid £120 for the warranty

[JoBrindle21]

Just so I understand. You bought a car no finance? paid cash. Had the car less than 3 months realised it needed a mot. The Mot failed on a previous advisory that hadn't been fixed? How many miles have you done in the vehicle since your purchased it? if the miles are relative low the likely hood the garage knew about the issue before they sold it so as long as they are a trader and not a private individual you definitely have a right to make a complaint with them not ness to return the cars but some goodwill gesture to go towards the repairs. Let me know if you need ant further help.

[des8]

Is the trader a limited company or sole trader?

I would suggest you WRITE (send first class with free certificate of posting) and tell the dealer you are rejecting the car as per your rights under the Consumer Rights Act 2015.
List the problems, and stress that they must have been present at the time of delivery.
As you brought art least one of the problems to the trader within the first thirty days after delivery you are exercising your short term right to reject the car and require return of ALL monies paid (includes cost of warranty).
You want your money within 14 days and the car collected by then at their cost
If they fail to act you will initiate a county court claim

[Dona150]

I did do all that and I have just filled in a form to take them to a small claims court as he ignored all my messages since,,wat happens if he dnt respond he has till 15th feb

[des8]

:what if the defendant does not respond to my claim | MoneyClaimsUK

[Dona150]

Jobrindle21 yes exactly everything u have said ,,he started replying to me then wen he lied saying he has been in touch with the warranty he screamed and shouted at me for not trust him ,,we hardly drove the car at the time we brought the car it was 88000 miles and it’s just over 88000 miles wen the mot took place

[JoBrindle21]

Hi i would do exactly the same has Des has suggested and make an application to court for a ccj based on the fact the vehicle was unfit for purpose.

:what if the defendant does not respond to my claim | MoneyClaimsUK

please let me know if I could help further

[Dona150]

The bloke received his court letter today as he rang me and tried to intimidate me and felt like he was trying to bully me,,he said for me to cancel it and sort it out ourselves,I told him I did try sorting it out but him and the other fella ignored me,,so partner spoke to him he told us to return car and he will take £425 out for the admin cost and we will have to pay to have it sent to him as well by recovery,,partner told him we are not doing that as no cost should come our way as the car is faulty now he said he will talk yo his colleague and get back to us any he hasn’t rang us

[des8]

It is for him to refund and arrange collection of vehicle at no cost to you.

[JoBrindle21]

Dont be bullied just hold your cool. Do Not stop the court action until he takes back the car and gives you your money. Try and get him to maybe text you so you have a trail of correspondence as evidence if it does come go to court.