I Bought a Used Car that is Faulty :(

[LibbyLouLou]

Hello Legal Beages Forum. Thank you in advance for helping me. I am hoping to get some advice on a used car I bought 3 and a half months ago for £2500 in response to a Facebook advertisement. It has a full service history and was very tidy, however, I had problems from 2 weeks after owning it. An independent garage has diagnosed a serious engine fault and advises that the engine requires to be stripped down and likely will need to be rebuilt or replaced and this is likely to exceed the value of the car. Another issue is the car was purchased from someone who I think was posing as a private seller but was actually in the motor trade. The logbook was not in his wife’s name and when I queried this, he said the car was his wife’s, that he bought it for her recently but she didn't like it so is selling it on. The logbook and pre-buying report I had done, shows the previous owner had the car for 7 years before me. He went on to say that the car was registered with a motor trader in the family. I know now that he and his son (who advertised the car and I bought the car from his home address) are directors of this company (a car repair garage) according to Companies House.What are my statutory rights? Where do I stand? How do I handle this? Thank you for reading this.

[echat11]

Hi Libby

Welcome to LB

Gather all the evidence, take screenshots etc.

If the seller is not an individual, but a Trader (you seem to have some evidence), report the matter to Trading Standards via Citizen Advice.

How did you pay for the car?

[LibbyLouLou]

Hi EChat11, thanks for your welcome and reply. I paid cash but I did get a receipt with the seller's name and signature on it.

[echat11]

Hi EChat11, thanks for your welcome and reply. I paid cash but I did get a receipt with the seller's name and signature on it.

Because of the period that's elapsed you've missed the short term right to reject the car and get a refund.

You have to prove the car was faulty when you purchased it.

You've got to get an independent garage's report which states that the faults were there at time of purchase.

You have a final right to reject, which covers you for six months from purchase.

Write to the 'dealer', make sure you get Proof of Postage.

Explain the problems you’ve encountered and provide any supporting documentation explain that you want a repair, replacement or as an alternative a full refund.

You can amend the following template (amend it to include refund):

Remove this bit from your letter -

[If you've owned the car for less than 30 days] I am legally entitled to reject the vehicle and to be reimbursed the original purchase price of [£xx]. I look forward to receiving your cheque for this sum within 14 days.

https://www.which.co.uk/consumer-rig...r-aeziX3M7tYNw

[LibbyLouLou]

Thank you again for your reply Echat11. I have asked my independent garage make a report and state that the faults were there when I bought the car.

I was also going to say in the letter along the lines that although he presented himself as a private seller it is clear now (from the logbook and Companies House record) plus iffy story, that he was in fact a motor trader, posing as a private seller in order to deny me my statutory rights. Do I have enough evidence to support this?

I have not contacted Trading Standard as yet. I was going to see if this helped to spur him into fixing the issue first.

[echat11]

Thank you again for your reply Echat11. I have asked my independent garage make a report and state that the faults were there when I bought the car.

I was also going to say in the letter along the lines that although he presented himself as a private seller it is clear now (from the logbook and Companies House record) plus iffy story, that he was in fact a motor trader, posing as a private seller in order to deny me my statutory rights. Do I have enough evidence to support this?

I have not contacted Trading Standard as yet. I was going to see if this helped to spur him into fixing the issue first.

Hopefully, but be prepared to report it to Trading Standards who will investigate.
You can also report it to Facebook.

[des8]

Note CRA 2015 sec19 (14): (14)For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

In other words it is not for the consumer to prove the goods were unsatisfactory at the time of purchase, but for the trader to prove the opposite

[LibbyLouLou]

Thank you DES8 and ECHAT11 for the advice. I have drafted a letter and sent by recorded post today. I will write here what happens next. Probably won't be an easy ride!

[LibbyLouLou]

DES8 and ECHAT11, an update.. the seller has offered me a full refund or a repair. Thank you so much for your assistance in getting this result for me!

[echat11]

Well done, good result.

[des8]

good result.. thanks for update