Private car sale small claims court.

[Butterfly18]

Hi there. I bought a car after mine was wrote off through no fault of my own. I buy another car and the very next morning as the car was being driven at higher speed than on the test drive I noticed some strange noises and felt the car loosing power. I take it to my local garage and they tell me the turbo is failing and it is an £800 repair job for a good one. I paid £800 for the car. So I message the seller (private) and tell him this and ask for a refund. He doesn't question anything I have said or try to fight his corner but texts me back a couple hours later telling me to take it to a specific garage near him. He said he will get the turbo and they will fit it. Thats great i thought. A few days passed so I call the garage to ask if there is any news only to be told the car isn't being repaired through them but is being repaired by the father of one of the guys who does work there. So I get in touch with the seller and tell him this and he says I'm so sorry I thought they were going to do it and the one who is doing it is fantastic. I thought this was a bit misleading but was still kind of grateful he had offered to sort the problem. Then a few days passed and id heard nothing, so contact him again and ask if there's any news he said he took two turbos there and they were both wrong so he took them back and they didn't have the right one. So this leads me to believe that they were from a scrap yard. I was thinking he would put in a reconditioned one to save himself some money but this would have come with warranty. He also tells me the guy who's fixing is now sourcing the turbo as he is isolating but he would keep in touch. I message him a couple days later again asking for my money back as this was taking too long and I feel really mislead and sounds like he's trying to save as much money as possible and I could end up with a turbo that has no warranty or come back to a reputable garage either. So have lost so much trust in him. He then replies saying he's asked the guy to fit a brand new one. From my point of view I will have no proof that is new. And the way he has mislead me time and time again for all I know he could buy one online give me the receipt and then still go ahead and get his mate to fit a scrap one. I go to the garage to get a few things I have left in the car and see the turbo is out and in the boot. So now I have no money and a car that is in a garage that is undrinkable, so can't even bring it home if I wanted too unless I let him get his friend to fit the turbo. I feel completely and utterly ripped off by him and my only options are to accept his dodgy offer or take it to small claims court. Im reading alot of buyer beware ect and no chance of winning ect but his advert said brilliant family car, drives perfect, and will fly through another mot. Well its definitely does not drive perfect and the fact that he's been so dishonest after selling leads me to believe he must have known this, also the fact that he didn't argue or want to see proof of garage report ect. So anyone had any experience with anything like this please would be much appreciated.

[ostell]

If you bought it from a private seller then you have very few rights against them. Or was it a trader pretending to be private?

[echat11]

Hi BUTTERFLY18

The courts will expect you to do everything to settle the matter and only use the courts as a last resort. There are Pre action protocols to follow, that in itself may result in a refund, but be prepared to go to court -

https://www.justice.gov.uk/courts/pr...action_conduct

https://www.which.co.uk/consumer-rig...m-aSFAC8Q6Jqan

[Butterfly18]

Thanks very much for both replies. I have managed to find out that he has sold 6 vehicles since February. Would this class him as a dealer or does he have to own or work for a garage?

[ostell]

You can put it to as court, eventually, that he is trading and hiding the fact by pretending to be a private individual.

What is your proof about the cars sold?

[echat11]

'You should be aware that a trader may mislead you by pretending to be a private seller - for example, selling vehicles at the roadside or via an advertisement - to avoid their legal obligations to you. If you come across a situation like this, complain to the Citizens Advice consumer service for a referral to trading standards.'

https://www.bromley.gov.uk/leaflet/122489/16/687/d

[Butterfly18]

Thanks for replies so I have found out via the DVLA that it was in fact registered to a trader the day before I purchased. I know this will now give me more rights but do u think I have a case now?

[des8]

Yes ........... when did you buy the car?

In any event write to him telling him you know he is in fact a trader and so you now require a full refund plus your costs.as per Consumer Rights Act 2015
Tell him where the vehicle is for his collection at his cost.
Tell him he has 7 days before you initiate court action

[Butterfly18]

Thanks so much.

[Butterfly18]

Does anyone know if trader offers to repair the vehicle if it has to be done by a garage with receipts ect, or would I have to accept any repair no matter where the parts came from or who fitted them? I am just wondering if i can request that his repair is done through the garage with a receipt and warranty for a reconditioned turbo charger. If he could provide this this would be acceptable, But if not then I would go down the full refund route.

[des8]

The dealer only has to have the vehicle brought to a satisfactory condition.
How he does that, whether or not he arranges for someone else to do it, is not for the consumer to decide.

I would just advise that if you agree to a repair, and you do not know how or where that work was carried out, you have the vehicle professionally examined on its return to you

[Butterfly18]

Anyone know if a seller can claim they are selling for someone else if the vehicle is registered to trade please?

[des8]

Consumer Rights Act 2015 defines trader as: "..a person acting for purposes relating to that person’s trade, business, craft or profession,....."
So if he is selling in the course of his business, even for someone else, he is still bound by the statutory obligations imposed by CRA2015

[Butterfly18]

So I have let him know i know he's a trader, I gave him 7 days to finnish repairs on the car, again he lied and it hasn't been done. So I sent another letter rejecting the car and asking for refund within 14 days or ile start court proceedings, he has replied saying he will pay me half now and half as soon as possible but wanted the spare key and paperwork back. So I have told him that won't be acceptable he will receive the spare key and paperwork when I get a full refund. Citezens advice have told me to write to him with my short term right to reject the car giving him 14 days to refund me or ile take it to court. Do I need to do this again as that is what I have just done? Or do I wait 14 days from letter I have already sent and then start small claims? Thanks in advance.

[echat11]

So I have let him know i know he's a trader, I gave him 7 days to finnish repairs on the car, again he lied and it hasn't been done. So I sent another letter rejecting the car and asking for refund within 14 days or ile start court proceedings, he has replied saying he will pay me half now and half as soon as possible but wanted the spare key and paperwork back. So I have told him that won't be acceptable he will receive the spare key and paperwork when I get a full refund. Citezens advice have told me to write to him with my short term right to reject the car giving him 14 days to refund me or ile take it to court. Do I need to do this again as that is what I have just done? Or do I wait 14 days from letter I have already sent and then start small claims? Thanks in advance.

I don't think you need to do it again, unless you want to give him more time and believe he is sincere in wanting to resolve the situation.