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Advice please taking private dealer to small claims court

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  • Advice please taking private dealer to small claims court

    Hi

    I hope someone can provide me with some advice. I purchased a car privately Apr 14, when purchasing the car the owner advised me the MOT was up but the car was MOT ready and was booked in for the following week, he advised me he worked off shore and was leaving in a few days time and would not be home for weeks so if we wanted the car we could take it to the MOT centre ourselves and he gave us a written signed and dated statement saying any costs incurred by MOT failure he would cover, taking him for his word we still took the car (big mistake!). Needless to say the car failed MOT we text him to advise him of this and he replied saying he was totally gutted he had paid a mechanic over £200 to prepare for the test and he wouldn't be home for a while but he would get it sorted the next time he was home. We left the car with a mechanic he fixed the problems with the car as stated on the notification of refusal, it had 4 major defects and the bill came to £317.00 plus the cost of 1new tyre and new wiper blades. The car passed the test a few days later. We left a copy of the MOT failure plus the mechanics bill to his house the following month and made contact with him again and basically for the last year he has put us off saying he hasn't been home he's in diff countries around the world working but would sort us out when he gets home. The last message we received was on Thurs past (11th) saying he was in the Phillipines working permanently and would be home over the summer and would be in contact. We happened to be in the area where he lives staying over nite and we decided to call to the house to find out what is going on and guess who answered the door only him and he was very abrupt to say the least asked what did we think we where doing there and tried to say he was only home for a couple of days and that he doesn't live there anymore and he was laid off and has no money and won't be paying the bill no matter what it's far too expensive, we tried to explain the cost only covers what needed done but he just shouted said he wasn't paying it and shut the door in our faces. I should of mentioned earlier the car quit 3 months after purchasing it which required a new engine at a cost of £550 and is only back up and running now. Yes we've been well and truly had by this man but is there anything we can do? Would small claims court be a possibility? Sorry it's very long winded! Any advice appreciated!
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  • #2
    Re: Advice please taking private dealer to small claims court

    Hi welcome to LB,

    You need to follow protocols to do things properly.

    1. Having had an " offhand" reaction from the vendor, you want to issue a claim for the costs of repairs?

    2.Have you paid any garage repair bills personally?

    3.Do you think the vendor will have the means to satisfy a judgement if you are successful?

    The correct approach is to issue a Formal Letter Before Action, this lays down what has
    happened, what it has cost you personally and what you require the vendor to do to stop
    you issuing a court claim.

    This should be sent by signed for post and delivery checked.

    You can get a complete claim pack from your local County Court Office.

    nem

    Comment


    • #3
      Re: Advice please taking private dealer to small claims court

      Thanks for getting back to me Nem in previous correspondence I advised him I would be seeking legal advice but never did in the hope it would scare him and he would pay up when he eventually came home and today he basically said we'll what can you do about it and I said about going to a solicitor and he said u do that! We have paid to fix the car, money didn't seem to be any issue he loved telling us about his adventures and his wage the first time we met! I initially only wanted the £317 repaid but I would now include the new tyre and wiper blades, can we do anything about the cost of the new engine
      or is that just our loss?

      Comment


      • #4
        Re: Advice please taking private dealer to small claims court

        If the engine only lasted 2-3 months yes include that.
        An LBA is more formal and you should be prepared
        to follow it through.

        nem

        Comment


        • #5
          Re: Advice please taking private dealer to small claims court

          Great thanks I will follow it through this time, today he showed his true colours and I was actually a bit scared of his reaction so I am determined to insure he pays!

          Comment


          • #6
            Re: Advice please taking private dealer to small claims court

            Originally posted by Mullaghmore View Post
            Great thanks I will follow it through this time, today he showed his true colours and I was actually a bit scared of his reaction so I am determined to insure he pays!
            If this guy puts one foot over the line in the way of threats of any sort report it straight away, you have a right to justice with out being threatened.

            nem

            Comment


            • #7
              Re: Advice please taking private dealer to small claims court

              Thanks Nem

              Comment


              • #8
                Re: Advice please taking private dealer to small claims court

                If you had the opportunity to examine the car prior to purchase, by all means include the cost of the engine.
                However don't be surprised if you don't win on that part of the claim in court.
                As a purchaser from a private seller you have few rights and the principle of caveat emptor applies.
                As the other costs had been agreed as part of the deal you would expect to win them in court, but as Nem said "ensure he has the money to pay prior tto actually starting court action"

                Comment


                • #9
                  Re: Advice please taking private dealer to small claims court

                  Thanks Des8 for your advice

                  Comment

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