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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70702
Experience:  Over 5 years in practice
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I bought a Mercedes car model 2009 clc from a car dealer in

Customer Question

I bought a Mercedes car model 2009 clc from a car dealer in Birmingham on 20/1/15 as category D, damaged and repaired for 8000, I paid the full price as it has clean MOT for 12 months.
I took to Mercedes dealer on 10/02/15 as it is flashing for service since I bought, the mechanic there told me they can not the service for this car an it is damaged from below not repaired well with twisted chassi, major damage to radiator and condenser and damaged plates behind brakes discs, exhaust system is out line and touching the body and all the protective covers either missing or damaged. They do think vehicle is not fit for the road and this MOT did mention any thing and not right.
The dealer is refusing refund my money and only offering to buy from for 6000!
I feel he cheated me with clean MOT, he is insisting this Mercedes report is exaggerated and this twisted chassi has no thing to do with the MOT. I do not know what to do now.
Thank you for your kind advise.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
what would you like to know about this please?
Customer: replied 2 years ago.

Hi Jo

Thank you for your kind response.

Anwar

Expert:  Jo C. replied 2 years ago.
No problem.
What would you like to know about this please?
Customer: replied 2 years ago.

How can I get him to the take the car back and pay the 8000£ as there is damage not fully repaired and the MOT which according to it I bought the according to the Mercedes mechanic opinion is not wright as it ignored mentioning any of damage parts I mentioned above.

Expert:  Jo C. replied 2 years ago.
Are they saying the mot is not valid and are they prepared to go to court and say that?
Customer: replied 2 years ago.

They mentioned in their report this damage, was not mentioned in the MOT and the car not fit for the road.

So the MOT can not be right to say the car valid for driving for 12 months. So it is their written assessment which I copied to you in my first question against the MOT report.

Expert:  Jo C. replied 2 years ago.
Not necessarily.
Did they actually say this vehicle should not have passed the mot?
Customer: replied 2 years ago.

Yes and they think I should complain to DVLA and this MOT provider should be prosecuted and his license should be withdrawn

Customer: replied 2 years ago.

Hi Jo

I did not get your advice yet?

Expert:  Jo C. replied 2 years ago.

After owning the vehicle for such a short period of time and in view of the substantial faults and misrepresentation of the vehicle, you are entitled to reject it and have a refund.

However, as you have found, even though you may be entitled to that, there is very often a problem in getting money out of the garage.

You have two options.

1 you can sue the garage for misrepresentation and breach of the provisions of the Sale of Goods Act in that the card is not fit the purpose or of satisfactory quality. That could take up to 12 months to get to court and meanwhile you have a car which is totally unsatisfactory

2 and this would be my preferred option and that is to return the car take the £6000 and then sue him for the £2000 in the Small Claims Court on the basis that you felt that you had no option but to accept the money and you only did so under pressure and duress. Your claim for the £2000 is on the same basis of the breach of the Sale of Goods Act and Misrepresentation.

Can I clarify anything for you?

Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Dear Jo

Thank you I agree with you the 2nd option is better.

If I too the 6000, how do I need a soloicitor to sue or it is something I can do it myself?

Expert:  Jo C. replied 2 years ago.

No need to use solicitors as you will not recover those costs.

DiY in small claims court here

www.moneyclaim.gov.uk

Customer: replied 2 years ago.

Thank very much Jo, this is a very convenient advise.

Anwar

Expert:  Jo C. replied 2 years ago.
No problem. Good luck and all the best.
Customer: replied 2 years ago.

Hi Jo

I hope you had a nice weekend.

About me I took the car back to the car dealer who insisted that it is not his mistake that I bought cat D car from him and the mot should not mention the problem picked by the Mercedes mechanics and my only option if I do not want the car, is to sell it for him for 6k, although I paid almost 8K for it on 20/1/15.

He wrote in the purchase vehicle invoice "vehicle is being sold back to us by customer who will not be claiming any further costs from us" I needed to sign the invoice because other wise he will not buy the car back.

Is it still possible for me to complain against him?

I am very upset, the car dealer:

First used a bogus MOT to sell me the car.

Second as he mentioned to me the car is cat D "damaged and repaired" I discovered later on there are still damaged parts in the car, he is not responsible for it!

Third to take this car back he makes profit of 2k as he is going to advertise it for sale again for 8k.

Many Thanks for your kind advise

Anwar

Expert:  Jo C. replied 2 years ago.

if you want a quick resolution to this, then it appears that you have no option but to take his offer…for now


No doubt, if you wrote the words “signed under duress” alongside your signature, he would find that not acceptable.


If you have been communicating by email, then you need to say something such as “you leave me no option but to take the £6000”


Regardless, I would then issue Small Claims Court proceedings against him and let the judge decide whether you did accepted this in full and final settlement or whether you felt that you had no option and therefore only accepted it under duress

Customer: replied 2 years ago.

Jo thank you very much

Anwar

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.
Customer: replied 2 years ago.

How can I rate you answer? I can not see any link under your message!

Expert:  Jo C. replied 2 years ago.
You have rated already. There is no need to do so again
Customer: replied 2 years ago.

Hi Jo

May I ask for an advice?

Expert:  Jo C. replied 2 years ago.
Go on?
Customer: replied 2 years ago.

I did not receive the money in my account till the dealer is not answering my call or my text message, I get fed up, what action I can do now?

Expert:  Jo C. replied 2 years ago.
Have you issued against him at the small claims court?
Customer: replied 2 years ago.

Not yet I was waiting to get the 6k first then I make the claim for the 2K.

Expert:  Jo C. replied 2 years ago.
If he still hasn't paid then just send him one letter giving him 14 days to pay and making clear that in default you will sue for the full amount.
If he doesn't pay then just sue.
Customer: replied 2 years ago.

He does not want to pay

When I took the car back to him on 1/3/15 he ask me to give me cheque or transfer the money online, I asked him to transfer the money I gave him the details he done in front me and ask me to check the details which I did, I asked to print me the confirmation the printer did not work. I asked him to write down in the invoice my bank details and that he transferred the money and it should be in my account by 2/3/15 it is not there till now

Expert:  Jo C. replied 2 years ago.
No, so send him a letter before action and then sue. Ultimately there is no other way of forcing him to comply with the law if he refuses.
Customer: replied 2 years ago.

He does not answer my calls, but he send text messages, initially he said he has a financial problems and asked to wait couple of days and he will transfer 8k.

Last Friday he said will transfer the 8k on Sunday, since Monday he is not answering my text today I texted him if I did not receive the 8k in my account or he explained his reasons I am going to make a formal complain he answered me good luck!

May I attach you the documents 4 pages?

Expert:  Jo C. replied 2 years ago.
You can but it will not change anything.
Just send him a letter before action and if he doesn't comply then sue him.
Customer: replied 2 years ago.

I do not want to waste more time, he does not want to pay and he stated on his invoice he transferred 6k and it should be in my account on 2/3/15, it is not there till now and playing game for me to wait and he will pay 8k instead, and now laughing on me.

I do not want to waste more time with him. I am struggling now days to go to my work by taxis and buses.

I am really very upset and stressed by all these things.

And I can not keep my cool with him any more.

I am sorry but you can understand how frustrated this situation

Expert:  Jo C. replied 2 years ago.
Yes, of course.
So to enforce the law you need to send him a letter before action and then sue.
Customer: replied 2 years ago.

How I can sue him, he is in Birmingham and I am in Colchester, can I go to police with my documents or do I need to go to a solicitor first and how much that may cost me?

Expert:  Jo C. replied 2 years ago.
No, the police will not be interested. It is a civil matter.
You can issue here
www.moneyclaim.gov.uk
There is no need to use a solicitor as this is a small claims court sum.
Customer: replied 2 years ago.

Thank you Jo

I will make the claim today

Expert:  Jo C. replied 2 years ago.
Send him a letter before action first.