Car Purchase Problem

[Paddy13]

Hi....New here so a big thank you for having me.
Hope you guys can offer me some advice.
I recently bought a car with an existing (intermittent) fault. The guy I bought it off was selling as a private seller; however his name is not on the V5 document as the previous owner. He also had my car as PX, the trader section of the V5 document was filled in for the transfer. I also have quite a long list of cars he has sold or currently selling.
He refuses outright to sort the problems out. I have followed the CAB advice sending him a letter etc..next letter being court action....
Any experience from you guys on matters like this?
Thanks in advance
Paddy

[des8]

Re: Car Purchase Problem

Hi and welcome.

If the seller is a dealer masquerading as a private seller he is committing a criminal act.
Might be worth reporting your suspicions to Trading Standards for a start.

If it was a genuine private sale, you have very few rights to recover if you viewed the vehicle prior to purchase.

If it was sold by a dealer you have a much stronger case.
Firstly, when did you buy the car and secondly what was the wording of the letter you sent him?

One word of warning, if he is a dodgy dealer check that he has the funds to pay you when you win! These guys are good at having no assets!

[Paddy13]

Re: Car Purchase Problem

Hi and welcome.

If the seller is a dealer masquerading as a private seller he is committing a criminal act.
Might be worth reporting your suspicions to Trading Standards for a start.

If it was a genuine private sale, you have very few rights to recover if you viewed the vehicle prior to purchase.

If it was sold by a dealer you have a much stronger case.
Firstly, when did you buy the car and secondly what was the wording of the letter you sent him?

One word of warning, if he is a dodgy dealer check that he has the funds to pay you when you win! These guys are good at having no assets!

Thanks for your response,
I have evidence that he is buying and selling several cars including my PX, how many cars is he allowed to sell privately? And as a private seller are you allowed to sell without your name on the V5 document? He is obviously dealing in cars (registered dealer or not) but selling on as a private seller.
The wording of the letter I sent was from a template on the CAB site, I added to this the issues I have with the car etc.
Additional to the above the car advert went out of its way to say how good the gearbox was on the car etc.....needless to say it is the gearbox that has an intermittent fault. The first symptom I had (without realising at the time) was only five minutes after I purchased the car, on top of this the warranty he provided with the car was not in place!! Until 4 days after I bought the car.

[des8]

Re: Car Purchase Problem

So did the template actually say you were rejecting the vehicle, and under what act?

[Paddy13]

Re: Car Purchase Problem

So did the template actually say you were rejecting the vehicle, and under what act?

I quoted the consumer rights act 2015 explaining it was not fit for purpose. Requesting that the vehicle is repaired or a full refund...

[des8]

Re: Car Purchase Problem

So now a letter before action giving him 14 days before initiating court action, or did your letter warn him of impending court
action?
In which case start proceedings.

It is rarely worth badgering these dealers with more letters than absolutely necessary.

[Paddy13]

Re: Car Purchase Problem

So now a letter before action giving him 14 days before initiating court action, or did your letter warn him of impending court
action?
In which case start proceedings.

It is rarely worth badgering these dealers with more letters than absolutely necessary.

Yes my next letter is advising him of court action should he not respond to my requests...is there a statutory time to lapse before I initiate proceedings? The sooner I can get on with this the better I think....
thanks again for your answers

[des8]

Re: Car Purchase Problem

It would be appropriate to insert a 14 day time limit from receipt for him to reply.

[Paddy13]

Re: Car Purchase Problem

It would be appropriate to insert a 14 day time limit from receipt for him to reply.

Many thanks I will keep you all posted as things progress ����

[Paddy13]

Re: Car Purchase Problem

Morning all,
With regard to the above; I know the courts are obviously favourable for parties to settle out of court, I have sent a letter outlining my intention for court action. He has already responded saying I would be wasting my time as he has no money!
Would this be a good time to be pro active and suggest a Without Prejudice settlement option?

[ostell]

Re: Car Purchase Problem

Take a guess as to whether the house he is in is his own or rented.

[des8]

Re: Car Purchase Problem

..... and does he have a stock of cars?
They may not be registered to him, but he could still be the owner.

If he is claiming no assets already, what sort of settlement do you think he would agree to AND KEEP TO if you tried to arrange
an out of court settlement>

[Paddy13]

Re: Car Purchase Problem

..... and does he have a stock of cars?
They may not be registered to him, but he could still be the owner.

If he is claiming no assets already, what sort of settlement do you think he would agree to AND KEEP TO if you tried to arrange
an out of court settlement>

Yes, I understand where you are coming from. However I know he has other cars including my PX..I think he has found himself out of his depth with this one? To be honest I was expecting him to say he has no money. The other thing is I know he works for a reputable car company; he buys and sells cars away from his day job..I know he must have disposable cash as he has bought two cars since I purchased mine.

[Paddy13]

Re: Car Purchase Problem

Take a guess as to whether the house he is in is his own or rented.

I know where you are coming from....? Time will tell....