Car dealer definition

[WSTT]

I really appreciate all your answers.

I'm already in contact with citizens advice but it is a long process and sometimes they are not lawyers either and don't answer to some more complicated questions.

By now it's more a question of principles than anything else. Of course I don't want to lose money but the idea that someone can do this things to someone and carry on unpunished just revolts me. I was ok with owning it as a learning experience but when he started to adulterate documents and clearly expose it all as a scam just pissed me off.

[WSTT]

Roger Irrelevant said:

OutInTheShed said:

But, it could be that the OP has bought a good car at a fair price?
So what does he want to happen?

This is the bit of the puzzle that seems to be missing. Is there anything actually wrong with the car OP? If you're happy with it, and it's a fairly old car, then for now just tell the dealer that so far as you are concerned it was a business-to-consumer sale, that him writing 'private sale' on a bit of paper doesn't mean anything, and leave it at that. If you'd dropped £200k on a 2-year old Ferrari then yeah, I'd be clarifying the legal position now, but if it's a £3k 15-year old Kia I'd only bother having the argument if it actually goes wrong in the near future.

The car have important problems that I wasn't able to detect on the moment I tested it because they only appeared when the motor was warm. It was enough to not pass the MOT that he show me as flawless.

[samoht]

WSTT said:

The car have important problems that I wasn't able to detect on the moment I tested it because they only appeared when the motor was warm. It was enough to not pass the MOT that he show me as flawless.

It's worth noting that even if it was a private sale (which from what you've said, it's not), the car must still be roadworthy. So if the car, as you bought it, would fail or has failed an MoT test, then you might have a claim even without having to disprove the 'private sale' statement.

https://www.theaa.com/car-buying/legal-rights

[Trevor555]

WSTT said:

I really appreciate all your answers.

I'm already in contact with citizens advice but it is a long process and sometimes they are not lawyers either and don't answer to some more complicated questions.

Not my experience, and many others I've pointed towards them.

Have they pointed you towards their template letters on their website?

Have they asked you if the car was on sale on the forecourt?

Ie, did it have a price board in the window?

Was it parked next to other cars on sale?

And if he did claim it to be his own personal car, have you got the V5 yet? How long was he the owner.

I'd call citizens advice again, ask to speak to someone else.

It doesnt take loads of time, they simply tell you your rights over the phone, then give you template letters for your legal wording, and tell them to send recorded post.

Also, If they feel an infringement has taken place, they can pass the case to trading standards to look at.

[WSTT]

Trevor555 said:

WSTT said:

I really appreciate all your answers.

I'm already in contact with citizens advice but it is a long process and sometimes they are not lawyers either and don't answer to some more complicated questions.

Not my experience, and many others I've pointed towards them.

Have they pointed you towards their template letters on their website?

Have they asked you if the car was on sale on the forecourt?

Ie, did it have a price board in the window?

Was it parked next to other cars on sale?

And if he did claim it to be his own personal car, have you got the V5 yet? How long was he the owner.

I'd call citizens advice again, ask to speak to someone else.

It doesnt take loads of time, they simply tell you your rights over the phone, then give you template letters for your legal wording, and tell them to send recorded post.

Also, If they feel an infringement has taken place, they can pass the case to trading standards to look at.

I used their template letters. Basically they told me the only thing I can do now is going to court with it. They already pass it to trading standards but that goes beyond me and my case, even if they do something it will not affect my case.

[Trevor555]

WSTT said:

Trevor555 said:

WSTT said:

I really appreciate all your answers.

I'm already in contact with citizens advice but it is a long process and sometimes they are not lawyers either and don't answer to some more complicated questions.

Not my experience, and many others I've pointed towards them.

Have they pointed you towards their template letters on their website?

Have they asked you if the car was on sale on the forecourt?

Ie, did it have a price board in the window?

Was it parked next to other cars on sale?

And if he did claim it to be his own personal car, have you got the V5 yet? How long was he the owner.

I'd call citizens advice again, ask to speak to someone else.

It doesnt take loads of time, they simply tell you your rights over the phone, then give you template letters for your legal wording, and tell them to send recorded post.

Also, If they feel an infringement has taken place, they can pass the case to trading standards to look at.

I used their template letters. Basically they told me the only thing I can do now is going to court with it.

I hope you will do that then as they've suggested.

They wouldn't suggest that if they didn't think you have a case.

If the dealer doesn't reply, get back onto citizens advice for the next letter which will be a "letter before action"

Be sure to put a deadline on your letters.

Please don't give up like most do, it sounds like that dealer has stitched you up with a problem car if you're trying to reject it.

[WSTT]

Trevor555 said:

I hope you will do that then as they've suggested.

They wouldn't suggest that if they didn't think you have a case.

If the dealer doesn't reply, get back onto citizens advice for the next letter which will be a "letter before action"

Be sure to put a deadline on your letters.

Please don't give up like most do, it sounds like that dealer has stitched you up with a problem car if you're trying to reject it.

Thank you. I already send that last one too. I'm already in talks with a solicitor to try to figure this out.

[Trevor555]

WSTT said:

Thank you. I already send that last one too. I'm already in talks with a solicitor to try to figure this out.

Citizens advice should tell you what to do/figure this out.

And they wont cost you anything

End scenario is court, if mediation doesn't work, and then the judge will sort it out for you.

If you answer some of my previous questions about how the car was on sale, people on here might be able to offer further advice.

Edited by Trevor555 on Friday 14th July 10:51

[Trevor555]

One of the online vehicle check sites shows previous adverts for the car.

Maybe "total car check"

Anyone?

This would greatly help your case if your car shows it having been advertised by this dealer

[WSTT]

Trevor555 said:

One of the online vehicle check sites shows previous adverts for the car.

Maybe "total car check"

Anyone?

This would greatly help your case if your car shows it having been advertised by this dealer

I really appreciate your interest and help.

The car was on the dealership but was on the back, not having any advertise or price on it.
But in the end I do feel none of it should matter, he doesn't stop to be a dealer when he wants and even more when I look for him in his work place! I was okay to negotiate this away, but when he started to play dirty that pissed me off

[Dan W.]

do you have an order form ?

what does that say about warranty and about the car garage ?

[WSTT]

Hello everyone,
I'm getting back to this old post just to give an update since I was never able to find any precise information regarding the problem I had.

Fortunately, after 1yr trying to find a solution for my problem, the situation end up going to court and I won. Not only the person that sold me the car had to take it back but he also had to pay for the full year of insurance of the car since I never really use the car and it all took so long because he didn't fulfill his legal duties.

With this I want to show my frustration against the system. Fortunately I am in a position where I end up having the knowledge, mental availability and money to fight for my rights but the system is not here to protect the consumer as it seems. There are multiple entities to regulate dealers but most times they don't even dignify themselves to answer. During all this process I couldn't stop to think of all the people that get in this situation, spending their hard work money to get scammed and not having the resources to help themselves and that's os infuriating and frustrating.

Also, I want to also say that entities like AA cars are utmostly useless and not reliable. They should be a seal of approval, a sign that the people you are dealing with are reliable but when contacted they are slow and uncompromising, unwilling to provide the service they promise and the dealers that they approve can continue working under they seal without consequences.

I'm sorry for the rant but it was a very frustrating year. Just wanted to let this note for anyone that find themself in the same situation that me that it is frustrating but there are things that can be done.

[bennno]

Good result, out of interest what was the car and how much did you pay for it?

[Andy86GT]

Well done OP!
I agree with your sentiments that despite the protections we are supposed to have under consumer law, it always seems to be the victim that has to spend considerable time and effort and probably money upfront (for lawyers, which they would loose if they lost the case).