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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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I just happend to buy a second hand car with a known person

Customer Question

I just happend to buy a second hand car with a known person ie is somewhere on 17th of june and on 24th I had it insured and now it was due for MOT and it was failed for it with many problems which is going to cost me 300 pounds and the tires are worn beyond limit.I told I do not know much about vehicles and assured me about that the car is in very good condition and I would'nt have any problem with it.I bought it for 1200 pounds.Every one is asking me to complain.Does it happen to be a cheating as when you buy something within one month there has been so many problems which are so expensive for me.If I could afford I would bought in car giant or any recognised dealer.Is there any way you can help me in making the complain to atleast that he bears the cost of the servicing required for an MOT passed certificate.I am very much depressed and I am not even feel like going to work which I resume at 5pm. thanking you.Sally no.XXX XXXX

Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question . My name is XXXXX XXXXX I will try to help with this.

How can I help with this please?
Customer: replied 4 years ago.

This is the first time I have ever been in such a problem and I am so much depressed and I need your help in knowing I to contact you like you are saying you need more information.I just want to know If I can be helped.THe message said I should pay and I entered my card details now I dont know what.Can I make a police complain of cheating me.with a very faulty product.

Expert:  Jo C. replied 4 years ago.

Is this a private seller or a dealer please?
Customer: replied 4 years ago.

He happened to be a known person at the work place.

Expert:  Jo C. replied 4 years ago.
I'm not sure what you mean?
Customer: replied 4 years ago.

Not a dealer but he is the owner of the car.This boy who sold the car works at the same co.and I got the information that he wants to sell his car and he so clearly said that there wont be any problem with the car.

Expert:  Jo C. replied 4 years ago.
That is bad news I'm afraid.

What did he say about the condition of the car exactly?
Customer: replied 4 years ago.

he said it is in good condition and i wont have any problem with say that its a bad news that i bought it with an owner so that means i cannot be helped


Expert:  Jo C. replied 4 years ago.
Thanks for the information.

Unfortunately its not a dealer sale so the Sale of Goods Act does not cover you. Sales from private sellers are a case of buyers beware - you buy the car with the faults it has without any protection I'm afraid.

You could try to rely on misrepresentation though. That applies to private sales. Misrepresentation arises if a statement is made at the time of sale which is untrue or misleading. Saying there won't be any problem with that car is a very vague statement but it might be useful to you. Clearly its not the same as saying that its expected to pass an MOT etc but its better than nothing.

There is also an offence in selling an unroadworthy car but its not likely this car would amount. If it can be put right with only £300 worth of work then its probably not unroadworthy within the meaning of the RTA. It is free to make a report though. The closest you can come is that the tyres are worn but that, of itself, is not usually sufficient.

There is no point in reporting this to the police. This is a civil matter. You could complain to the small claims court. You can report the unroadworthiness issue ether to trading standards or the council - the latter really being appropriate in this case given that he is a private individual.

Can I clarify anything for you?

Customer: replied 4 years ago.

probably not unworthy within the meaning of the RTA means is it worthy for road use?What is this small claims court later on if I go through this process I may spend for the fees and end up with nothing.I just cant understand how I cannot be helped as this is clear cheating as not even one month and hardly any miles I have driven and there no law I can be helped I"m so depressed and atleast give details as to how I go to small claims court or the council how will have to pay for it and whether there are chances of winning the need I am looking for.

Expert:  Jo C. replied 4 years ago.
No, it doesn't. Its quite a complicated test but failing the MOT doesn't mean a car is 'unroadworthy' within the RTA.

The small claims court is very cheap. You won't need a solicitor. He may well settle.

If he contests the matter though, I have to be honest, your chances are very small as the SGA does not apply, its probably not 'unroadworthy' from what you say and the chances this amounts to a misrepresentation are not high.

I'm very sorry but ultimately this is why private sales are always dangerous.
Customer: replied 4 years ago.

you say the chances are rare so what you think the forward step I should take because I just cannot expect this what has happened to me.I'm in lot of depression.How do I appeal to a council.Please help me out in giving the right and not just suggestions and if I need to ask you more later than How do I contact you.My other friends told me to complain to the police about this and I happened to tell him this or I said I 'll go to customer care just like that I said customer care and he said how you can do this.Advice something that I can be helped I know I have made a mistake by buying a car like this because I coudlnt afford with dealers.But now I request for certain help I require

Expert:  Jo C. replied 4 years ago.
As I have said above, there is no point in complaining to the police for the reasons above.

I would not suggest suing at the small claims court because you will probably lose. You can write to him threatening to do so and that might lead him to make an offer.

I'm not sure what you are asking really? I wish there was a magic wand but unfortunately there is none.

I'm happy to continue with this but please rate my answer.
Customer: replied 4 years ago.

I sorry to bother you so much but please bear with me.Rating is fine but after I rate you is it the end you will answer my question.Threatening him could be in any way giving a police complain. will the police take my complain and what could be the result of my complain if make one.I'm in the same state I was from the begining of speaking to you.I'm a single parent in uk here and I cannot afford to pay the charges you made to get into the conversation but still I said I'll pay and see if I can get to a solution.You havent told me about appealing to council and any human rights,or making a complain to the police.lastly do you sigh off when I do the rating

Expert:  Jo C. replied 4 years ago.
Rating isn't the end of the communication. It will still remain open from your side. People come back months after so it never closes from your side.

Customer: replied 4 years ago.

Now for this conversation you made me pay and without a solution to my problem I rate now would you be off line.And I havent got a reply to my answer wether I can complain to police and make him scared 'whether I should complain to council and how.Please do reply.And suppose I rate now and I want to contact you do I have to pay again and how when now you already know my case and please do say something or some way of solving my problem.He just cannot say the car is in good condition and sell it.

Expert:  Jo C. replied 4 years ago.
I will opt out as you are displeased.

All the best.
Expert:  Ash replied 4 years ago.
I see you are still seeking help - do you wish me to assist? Alex.
Customer: replied 4 years ago.

i will opt out as you are displeased does it mean i have paid for the conversation I have had with remus 2004 so atleast i can decide to pay someone else and get a solution to my problem.I know not much can be done to the problem but how can someone cheat someone with a car like this and then say i should bear all the expences which is so much

Expert:  Ash replied 4 years ago.
Yes I can understand your frustration. The motto is buyer beware when purchasing private second hand goods. Howeevr if you feel aggrieved then you could potentially issue proceedings in the county court to seek your money back. If you decide to issue proceedings you should write to the seller and give them a reasonable period to return your money. If they do not then you can choose to issue a county court clam which you can do by completing form n1 and presenting it at your local county court or seek to issue a claim online

If defended then the matter would proceed to trial in front of a judge. Given the then it would be a small claim and very informal. This would be heard in Chambers in court, which is like an office. The judge will then decide who they find for, if you lose the generally you only lose the court fees which you have paid.

If this answers your question then please take a moment to rate my service as it is an important process, otherwise if you need further information please click reply. All the best Alex.

Customer: replied 4 years ago.

I m very much satisfied with the answer but now gave me so much of information all together I want you to tell me detail as it is ok to claim back the money and whether I'll win the claim as you should be able to tell whether my situation holds strongly.I had asked three questions ie I can make a police complain for cheating, then if i appeal i do not know the procedure to go about it,and thirdly remus2004 suggested to complain at council and what are the procedures for that.I know you understood my frustration but i also feel i m trying to bother you too much.Have you got all that I have been talkng from the beginning.How much are the court fees going to be.Are there more chances of loosing.I have paid in cash.

Expert:  Ash replied 4 years ago.
I can not say for sure whether you will win as it depends on the evidence and the judge. I have not seen the evidence so would be wrong of me to give a view.myou can complain to the police but they may consider this to be a civil claim as it does not appear to be criminal. You can speak with the council who willl refer you to consumer direct. Out fees will be about £100-£200 in total. Alex

Customer: replied 4 years ago.

Car cannot be sold for it is for 1200 where i got no evidence as when i did not have money i said i would give him a cheque but he asked for cash.It has been not even a month and the mot couldnt be passed and there is no law which can help to get a reclaim from him.where is the closent police station for kingsbury rresidents.To go and complain to council should i go to brent council at wembleyyou give the way for solution to my problem.I want him to know even if he said that it was in good condition what I m facing now and as i have drove for not more than 60 kilometers from the time he sold it .

Expert:  Ash replied 4 years ago.
Yes. That is why you need to consider issuing a small claim. But it is not a criminal offence, this is a civil contractual matter. That is why you need to sue in the small claims court.

Customer: replied 4 years ago.

what is the procedure for the claim and i want to know whether this type of cases are hold strong means to win.and what about council how get to to make the claim in small court whether there are higher chances to are still not been able to tell me to take this decision where I can win.I had just send an sms that i will take him to court he says that nothing can happen to him.

Expert:  Ash replied 4 years ago.
I can not say for sure whether you will win. Do you have a chance? Yes you do. You apply to the Court for a claim using the procedure I outlined above. The Court sends the Defendant the claim form. If no defence is filed then you ask for Judgment in default and you win. If the claim is defended the Court will send out a case management questionnaire. Once this has been returned the Court will set a date for trial. You send your evidence to the Court and the Defendant and they do the same. You attend trial and you win or lose. Alex

Expert:  Nicola-mod replied 4 years ago.


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