TRying to formally reject a car

[Hayleybyrne]

Hi davesdad, I certainly would have walked away !!

Hi Miss Breakdown, I was never given a receipt and this receipt that has suddenly turned up with everything listed on it certainly doesn't have my signature on it, I have just this minute issued a summons online, my stomach is acting like a washing machine already as I have never done anything like this before -the only bit of advice I can offer anyone thinking of buying a used car is to google the traders name of business name first, I wish I had, its amazing what you can find out !!

[wagolynn]

I do not think it is legal to sell a car like that (with a list of faults) to the general public anyway, may be OK in the trade, and must be OK at auction. Do not worry about the receipt, most receipt books are numbered, should it get to open court your side can ask for the receipt book to be produced.

[Hometune]

I have just this minute issued a summons online, my stomach is acting like a washing machine already as I have never done anything like this before

If you are using Moneyclaim, you can relax! He will get the summons within the next 5 days via Northampton County Court. In time you will be sent a copy of his reply which will probably wind you up with lies and nonsense. Just keep following the system and go to court. You wont need lots of legal stuff or knowledge, just commonsense. The judge will be very relaxed and fair and will ask the appropriate questions anyway even if you do not.
He will either turn up and argue for it to be postponed - the usual delaying tactic. Try and get the judge to hear the case on the day you attend the hearing.
The other favourite is he wont be there as he can't be bothered. In this case you and the judge will be on your own. He will give judgement by default and award you any reasonable costs.
The idiot then has 28 days to pay any claim and he either does or doesn't. If he does that's the end of the story. If he does not, then do not think you have lost. Using the procedure, ask for the bailiff to recover the debt. This will cost around £80 but it will be recovered and paid to you. The bailiff will get in touch by phone and ask you when the dealer is likely to be there, if you have any other addresses etc for him. He will try and get your money for you. If he is good, it should take a couple of weeks but if the dealer is as bad as you say, it may take a bit of persuasion like seizing his stock and selling it to recover the debt.

[Hayleybyrne]

Thanks Hometune, it is with moneyclaim so I'm feeling a bit better about it all now, I will keep you posted

[wenchy25]

Oh you poor thing, I'm going through the same at the moment. Bought a relatively new vehicle from a trader via the internet, On the way back (less than sixty miles), the engine sounded like it had a bag of ball-bearings thrown into it, the battery warning light came on and the temperature gauge had ceased to function. It was taken to a local garage where the mechanic said it was undrivable. The alternator was shot and the engine needed to be completely stripped to find the fault. The van was sold as being in clean condition, had been road and workshop tested prior to sale and regually serviced. The mechanic said the oil was like water and badly degraded and had no signs of service. This was reported to the seller and all i've had is a load of abuse. I know I am entitled to my money back for many reasons under common, and statutory law, yet he refused. I scrapped every last penny together to purchase this which I need for my work and now I am faced with loss of earnings through being unable to work to add insult to injury. There really are some despicable b******ds out there. I hope it works out for you.

[Hayleybyrne]

Hi wenchy25

Thanks for the support have you issued a summons yet and if so how far / what success have you had?? I hope it gets sorted out for you, yes there really are some nasty people out there, this has really opened my eyes I mustbe very naive.

Keep me posted as to how you get on - Good luck

[Hometune]

I don'tthink you are naive. You are probably a genuine person who is maybe too trusting. Every day I see/hear stories like yours. You must remember that anyone at all can call themselves a Motor Trader or a Garage Owner. You do not need any qualifications. You do not need any experience. You do not need any particular skills. So, you can go to an auction, see a nice little car, buy it for £500 and sell it the next day for £1,000 and call yourself a Trader. Or open a garage and start repairing cars with no qualifications, no idea of how the engine works, or the ABS, or the airbag etc etc If you remember this in the future you wont go in with such a trusting nature.

[wenchy25]

Hello again,

I haven't issued a summons as yet but after a week and a half of screaming and shouting at us, he has agreed to recover the van and have a look at it. However, based on his recent behaviour i'm not entirely trusting that he will actually sort it out properly...I did however report them to trading standards which made me feel a bit better at least! Watch this space!

[Hayleybyrne]

Good luck, let me know how you get on

[wenchy25]

Will do, he came and picked it up today, it took him seven goes to get it started and when he did..What a noise and smell of burning! He was as rude and surly as ever tho and still refused to admit there was a problem! Hope things are moving in a positive direction for you now and likewise, keep us posted : ) Fingers crossed all round!