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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I purchased an expensive car privately. I have had it inspected

Resolved Question:

I purchased an expensive car privately. I have had it inspected and discovered several problems. In particular the tyres are worn out and not road worthy and there is a leak in the rear suspension. In the sale agreement we did not mark it 'sold as seen'. The advert describes the car as 'fantastic condition'.
The car is with the garage who I have asked to provide a copy of their report and images of the problem components.
The Road Traffic Act states it is illegal to sell a car that is not roadworthy. What should be my next steps?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Just to clarify you purchased this from a private seller, rather than dealer?

Alex Watts :

How much did you pay, how old is the car and how many miles has it done please?

JACUSTOMER-8yjye0j1- : I have already stated it was purchased privately, I.e. Private seller, £47800, 3 years old and it had 16,871 miles on the clock. It now has approx 17,300 miles
Alex Watts :

Yes I wanted to check as you said it is currently with a garage. What is it you want to achieve?

Alex Watts :

Do you still have the ad? Was it on Ebay or in the paper?

JACUSTOMER-8yjye0j1- : Reimbursement for the cost of the tyres and suspension repairs. I feel I was misled as the previous MOT and service was carried out in August with absolutely no advisories from the tester.
Alex Watts :

What is the cost please?

JACUSTOMER-8yjye0j1- : Advert was on auto-trader I took a picture of the description and I also asked the seller to complete a sales receipt.
Alex Watts :

ok

JACUSTOMER-8yjye0j1- : I do not have the specifics to hand, but the tyres and fitting was approx £1500 and the suspension was approx £4000 (new set).
Alex Watts :

OK - so you need to get the report (in hand) and quotes to get the work done, this forms your loss

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-8yjye0j1- : Upon receipt of the information from the garage should I speak to the seller first to resolve, or should I immediately write out the letter requesting the refund.
Alex Watts :

I would get a copy of the report and a number of quotes. You need the quotes to get the work done before you ask to refund that cost

JACUSTOMER-8yjye0j1- : Where can I find cost of going to a small claims court and do you believe there is a case to be had here
Alex Watts :

Fees can be found here:

Alex Watts :

https://www.justice.gov.uk/courts/fees

Alex Watts :

But if you win those costs are added to the claim

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-8yjye0j1- : Understood. I will seek an additional quote for the work. However, do you recommend I speak to the seller once I have the information or write a letter first?
Alex Watts :

Yes I would do this. Then you can disclose the report and costs of putting right.

Alex Watts :

Of course you need to get a number of quotes and seek the cheapest

JACUSTOMER-8yjye0j1- : Can you also clarify whether there is legal basis for this claim, based upon the information provided
Alex Watts :

I think there is, as it was not marked sold as seen and the advert describes as fantastic condition

JACUSTOMER-8yjye0j1- : Many thanks. Is a record of this conversation stored so I can review later if required?
Alex Watts :

Yes, once you rate the format changes and you can come back to it at any time

JACUSTOMER-8yjye0j1- : Much appreciated. I will obtain quotes from the manufacturer as well as another specialist. The garage holding the car are the same ones that have serviced it for the seller.
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi, I called the seller and he did not wish to discuss further, stating 'sold as seen'. I then emailed the seller explaining my position. I have received his response and am now completing the moneyclaim form online

Expert:  Ash replied 2 years ago.
Great. Good luck!
Alex
Customer: replied 2 years ago.

In the response the seller claimed that I wore out the tyres in the 480 miles use I had put on them since purchase. Following this he sent a follow up email claiming that I am trying to extort money from him due to his lifestyle (he has a nice house and several cars). He says due to his fears he is passing the information onto a solicitor and police officer.


 


I am worried about the next steps. Do I need to obtain further supporting evidence for my claim and should I also speak to my local police?


 


Thanks

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