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[i]Then what? Trading standards? [/i]
Start with CAB - your primary goal is recovering your money now - Tradign Standards will take action against him but you'd still need to persue him for money and you don't want to 'tip him off' too much that you're going in with TS.
Personally, I'd write (recorded) to him with copies of evidence and say I believe he is a trader and that I want a full refund for the vehicle + travel expenses. I wouldn;t want repair costs -it's too open to negotiation. Within the letter I'd say that I believe I have good evidence that he is not a private seller and that I was prepared to take him to court to recover the funds. I'd arrange to meet him at a bank where he can hand over cash to them for counting etc and I could give him keys and documents. If he didn't want to play ball I'd go to CAB and then Trading Standards.
milked - YGM
Hi again people,
Thanks again for all your help and input so far, i have just sent him this email.
I hope i have covered everything and it gets the point across sufficiently.
I posted it to his ebay memners address and to his personal email which is.....lol. better not.
Email i sent...
I have given you the opportunity to admit liability for the van and to offer me a refund or at the least the cost of repair, but you have failed to reply to any of my emails or text messages, which i feel is adding insult to injury as you were clearly aware of the severity of the gearbox issue prior to selling the van to myself.
I have done some research into your dealings and i believe you are a small trader as opposed to a private seller, i have found 3 vehicles on ebay plus 4 on Gumtree aswell as an advert for collecting unwanted/scrap vehicles!
As a motor trader of any size you have obligations and condition of sale to abide by, i have rights either way and i am entitled to a full refund for the van.. See below.
Your rights when buying from a dealer
When you buy from a dealer, the law says a car must be of satisfactory quality. It must meet the standard a reasonable person would regard as acceptable, taking into consideration:
the way it was described
how much it cost
the age and the mileage of the vehicle
This covers things like:
appearance and finish (paintwork)
safety
durability (how strong they are)
The car must be free from problems, except where they were pointed out to you by the seller. The car must also be as described. So if the advert says ‘air conditioning’, then the car should have this feature and it should work.
The car should also be reasonably fit for any normal purpose, which means it should get you from one place to another. The car should also be reasonably fit for any other purpose you specify..
So to simplify that means that as you knew the gearbox was faulty yet failed to mention it at the point of sale i am entitled to a full refund...
Your rights when you buy from a private seller
The car must be as described.
If a private seller lies about the condition of a car, you can take them to court and sue for your losses.
So to simplify thay means that as you knew the gearbox was faulty yet failed to mention it at the point of sale i am entitled to a full refund...
I have taken copies of all your adverts and your ebay feedback plus you gumtree adverts and you advert to collect unwanted cars as evidence for my legal proceedings, not to mention the fact i will contact Customs and Excise to find out where all you cash in hand deals go, im sure he will be delighted to see the number of vehicles you sell as a supposidly "private" seller, and to claim the tax back you are undoubtly due!
The simple resolve to this is to come and pick the van up at the weekend and give me the full sale price back.
Another bit of usefull info for you...
Are they a dealer?
Some dealers pretend to be private sellers to avoid their legal obligations and get rid of faulty or over-priced cars. Warning signs to look out for include:
adverts which give a mobile phone number or say a time to call (it may be a public phone box, not the seller's home) (LIKE YOU)
the same phone number appears in several adverts (LIKE YOU)
the seller wants to bring the car to you
when you get to the seller’s home, there are a lot of cars for sale on the street (LIKE YOUR WORK PLACE)
If the seller is really a dealer, then your full legal rights apply. (PLEASE NOTE)
What to do if things go wrong
Making a complaint
Use Consumer Direct's template letters to make a complaint about a car-buying issue
Car template letters Opens new window
Always try and resolve any problems you have with the seller of the vehicle. If you aren’t satisfied and the dealer is a member of a trade association, then contact Motor Codes Limited or the trade association for advice.
If you are still not satisfied you can take the seller to go to court. This may often be the case if you have been dealing with a private seller.
I have been more than patient with you Dean but you have failed to comply or reply or even stand up and admit you are in the wrong (did you think id would just forget about it?), like i said i have all the evidence i need here, plus i know you place of work, ebay have been contacted and i have already contacted Citizens Advice who have said i have a case to sue and recover my money. Im hoping it will not not come to this but i feel it may...
I will give you until Wednseday night to get back to me with a satisfactory resolve (i.,e, my money back in full), if i do not hear from you then i will have no option but to take legal proceedings against you to recover the cash.
Mike Donald.
Im not hopeful that ill hear from him but you never know.
Good luck Mike, let us know how you get on.
Did you hear anythign back on this?
He is probably still reading the email 😉