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Ben Jones
Ben Jones, UK Lawyer
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I recently bought a car that was advertised as ; this is

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I recently bought a car that was advertised as ;
Hi this is a very clean car in fantastic condition ......just been service , brakes done .For mot. now with full 12 months, whit no advisors. got history , 2004 .
no rust at all on this car
petrol. 1.3
no work need to be done on this car
drives perfectly
First full drive out the engine light came on.took it to garage and £660 to repair.Brakes have seized,brake pads and discs a huge list. He took my car as part ex and £500 paid. I think he gave a false name and address and the garage said it should have failed the mot and at least have advisories. Any Advice please?
Hello in presume this was a dealer rather than a private seller?
Customer: replied 2 years ago.
I thought a private seller however he was talking about his mechanic etc so think he buys and sells for living
Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Many thanks for your patience. Your rights will depend on whether this was a private seller or a dealer. When a person buys a second-hand vehicle from a private seller, their rights will be somewhat limited and will not be as extensive as if they had bought it from a dealer. In general, there is no legal requirement for the vehicle to be of satisfactory quality or fit for purpose. Therefore, the buyer will only have rights in the following situations:· If the vehicle did not match the description given, whether in the advert or any subsequent discussions. This would amount to breach of contract or misrepresentation· If the seller broke a specific contractual term – e.g. if they fail to do something they specifically agreed to, for example, fix certain faults or provide an MOT. This is also going to be a breach of contract· If the seller was actually a dealer posing as a private seller - this is an unfair commercial practice and can even be a criminal offence· If the vehicle is unroadworthy – this occurs if its brakes, tyres, steering or construction make it unfit for the road. This will also be a criminal offence. In the first instance, any issues with the vehicle should be resolved directly with the seller. You can also use threats of legal action as a negotiating tool. If they refuse to assist then you may consider going down the legal route and also if they were actually a business seller posing as a private one you could report them and also mention that as a way of getting them to cooperate. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should they refuse to help, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
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Customer: replied 2 years ago.
Thank you so much. This has helped so much. It is unroadworthy and the brakes have seized after one day of use.I also have had advice that the MOT should have failed because of the Brakes and other advisories. I have also given him the chance to take the car back and refund us and this would be the end of the matter. He is now failing to answer my queries and emails. I also think he has given me false details. As regarding my car that I part exchanged it is still in my name as he didnt want to add another owner. Is there anything I can do regarding this legally ?
The issue with the part exchanged car is that the registered keeper is not the same as the legal owner. The car may be registered in your name but that does not mean you are the legal owner – that is likely to be him because he had become that once the sale had gone through. Instead you should consider pursuing this through the following steps. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due. 2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.