Bought a used car from a dealer posing as a private seller - advice please!

[GFP]

Re: Bought a used car from a dealer posing as a private seller - advice please!

[QUOTE=davyb;287305]HI
Horrible when you get ripped off like this , i really feel for you.
It is an interesting question, when does a private seller become a dealer,[/quote

Well the easy way to prove it is if they have a company buying and trading used cars....
check companies house, the free webcheck will give you this information.

If they part-ex they are a dealer
If they have trade plates or they got the previous owner to fill out the 'fill out this if you are selling to a dealer' (this means the V5 never goes into their name).


If they buy and sell 'a lot of cars or multiple cars at the same time' that is a harder question.

If they have 'a mechanic' I'd guess they are a dealer!

In small claims court it really only matters what the judge thinks....

[GFP]

Re: Bought a used car from a dealer posing as a private seller - advice please!

Bugeriegirl:

Read This
http://www.oft.gov.uk/shared_oft/rep...OFT1152con.pdf

If you are desperate for money the small claims court will take forever.....if you can live getting the money back later you should have a very good chance.

If you go down this route:
You will have to stop being 'nice' and be 'officious'...... unfortunately its not easy as I have been in a similar situation.. but by being nice and saying/writing things in a nice way weakens your case.
0) Check you can prove they are a dealer (see above + dealers ins as labman-- wrote) print out the ads they have with their phone number etc.
1) You need to do EVERYTHING in writing.....
2) You need to REJECT the car (in writing)
3) You should then give them a time TO COLLECT THE CAR (make it reasonable like 1 week from when they receive the letter) - (read the doc it's their responsibility) and REFUND YOU
4) INSIST THEY PAY THE SAME WAY YOU PAID (avoid a dodgy cheque if you can)
5) You need to tell them that the car is ONLY available for this week as it is at a local garage. You have no where to store it after this.
6) If they do not pay you will be forced to:
7) Either insure the car to prevent committing an offence or pay for storage. This will be added to the claim
8) The cost of the claim will be added to the claim plus interest and out of pocket expenses + 150 on garage to diagnose problems- 50 on cancellation of insurance

You have to make them see it will be cheaper for them to just take it back and pay you the money.
If you go to court it will take several months
No idiot would declare bankrupt over £1700...ignore that.... (or its a small risk)


Send them a printed copy of the advice .... perhaps.

[labman]

Re: Bought a used car from a dealer posing as a private seller - advice please!

The link is purely a consultation document. Here is the legislation:

http://www.legislation.gov.uk/uksi/2.../contents/made

It is an excellent piece of legislation, BUT it is massively underused, and sadly it cannot be initiated by the consumer, only by a big organisation like the OFT.

That does not stop you using bits about misleading actions etc... to your advantage. The car dealer probably has no idea you can't initiate proceedings using this legislation.