Second hand car issue

[Hattie]

bought a car with new mot/ allegedly checked by mechanic who had done work to car previously- I specifically asked if there were any coolent or gasket issues with engine and was told car was fine by mechanic and seller- I have email evidence of this- after sale, first time I drove car for more than 30 mins car overheated and other mechanic pal said probable gasket or cylinder head issue. Initially via first mechanic the seller agreed to provide parts and he’d fix for free but 2 garages told me if car was being driven with gasket issue engine would be compromised. So I’ve asked for money back- and I’ve been told no, despite saying I’ll go to small claims if we don’t reach a deal. Advice- should I go to small claims or write off car?

[ostell]

If you complained within 30 days then if it was a dealer then you write to them telling them that you are rejecting the vehicle under the short term right to reject given under section 22 of the Consumer Rights Act 2015.

You do not have to accept a repair, just your money back.

[des8]

[QUOTE. Initially via first mechanic the seller agreed to provide parts and he’d fix for free [/QUOTE]

Did you request or agree to the repair?
If so (and if the dealer knows the law) you may have jeopardised your right to the short term right to reject. (CRA 2015 s22.(6)

[paulajayne]

Dealer or private sale?

[Hattie]

Private sale- later found out mechanic and seller have business premises nxt door to each other. He did not say there was an issue with head or gasket- am about to get garage to make a report for court purposes - if he didn’t know about fault (!) can he wriggle out of responsibility of car being faulty?

[Hattie]

dES8 - the mechanic offered this repair the seller did not offer anything- I have now found out via a peer of the original mechanic he’s not even time served- also mechanic told me 2 of the advertised ‘new’ parts were ‘new’ to the car and second hand- in front of 2 wittnesses

[des8]

When you get report you'll need to write to seller telling him that due to misrepresentation you are rescinding the contract.
Make sure you keep the evidence i.e. copy of advert and those emails confirming there were no coolant or head gasket concerns.
AS the misrepresentation might have been innocent you may only obtain damages to put the vehicle right.
The Consumer Rights Act 2015 does not apply in this case if the seller was not a dealer

As an aide memoire (in case of court action later when memory has got mixed up as it always does) write down now in chronological order all you can remember from seeing the advert, exchange of emails, conversations, discovering the problem etc etc . If your memory is like mine you will find it useful!

[Hattie]

Thanks for that. I have already keep timeoneous notes. What makes someone a trader? Someone who buys cars and sells them for profit. I have confirmed he has fixed up 3 cars in last year at my garage? I would argue this makes him a trader?

[des8]

Selling three cars in a year wouldn't necessarily mean the seller was a trader, altho' it looks suspicious.
The business premises you mentioned above.... not a car lot?
The car you bought.. was it registered to him?
You said it was a private sale, so did you assume he was not a dealer, or did he say something to make you assume he wasn't a dealer?

You also said that he has premises next to the premises of the mechanic he used, but in the last post you mentioned he used YOUR garage?
Are you in the motor trade, or do you mean he used the same garage as you, but this then doesn't relate to the mechanic next door to him.