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Bought faulty car

Hi

I have been in touch with the citizens advice and they have referred my situation to the trading standards.

What happened was we bought a second hand £2300 from auto trader the descripton said part exchange fine, comes within three month warranty.

When we went to pick it up, it was on the side of the road we were told as the guy who is a limited company did not want it on his forecourt. The man who sold it was not the owner of the second hand dealers but an employee he said. When my husband asked for a reduction as we paid cash the employee called the owner who said no.

It was for a 2007 Vauxhall zafira with £64000 miles so it was a good price already.

Three days later an engine warning light came on and so we took it to a Vauxhall main service repair centre whom said the engine was all clogged up and it is going to cost £700 to fix. This problem was not a new problem and we have this in writing from the Vauxhall centre.

So we tried to call this owner who said he never owned the car and let his friend advertise on his name and we have no invoice from the dealer and then of course the employee who wasn't an employee but a friend supposedly isn't contactable.

So I called the cab who Said as it is within 30 days I could ask for a full refund and that he did own it as private person does not offer part exchange as said In the ad or warranty. Auto trader said the same also that it clearly said this dealer was selling it.

I wrote to him asking to repair it and then a full refund within 14 days as he wa ignoring our emails and on the advice on the cab.

He has since said to me he did not own the vehicle, there is nothing legally I can do, it was bought on the side of the road from Ken and we have no invoice. This is because Ken said he would send it on from the dealer.



The sorn is in a woman's name not this Ken but he dealer has sworn at me and really could not care less about the threat of court or me telling him trading standards will investigate him.

I have four children and this car is not safe to drive

Do I get it repaired ?
Buy a new car and leave this faulty car on my drive in the hope one day he will loss in court.

Trade in it for a deposit in a new car telling the garage what is wrong with it?

Ultimately his company has only been going since February and he is not the least bit intimidated or sorry or accepting any liability just kept saying I didn't sell you the car. I therefore think he would not have any problem making his limited company bust if it went to court as it has only been trading a few month and is very dodgy.

He knows the law and knows that if it is a private sale then we have no comeback. I do not know if it worth pursuing this or not ?

Thank you

Asked on 20 May 2016 by Miles Blake

Answered by Honest John
Whoever you paid the money for the car to is liable. Get it fixed. I guess it needs a new exhaust gas recirculation valve. The sue the person who advertised it on Auto Trader and to whom you paid the money in the Small Claims Track of the County Court for the cost of the repair. Notify this person in writing of your intention by post office special delivery before you begin the court procedure. Law here: www.honestjohn.co.uk/faq/consumer-rights/ Small Claims explained here: www.gov.uk/make-court-claim-for-money/overview
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