bought my car in sept 2003 from autotrader .co.uk did all the dealing with the guy over the phone seemed nice guy, agreed a price , got a bank draft, flew my son over to collect the car, everything ok so far

the day before collection the seller rang me to say he had to leave the car in for some tuning as it wasnt running properly, and the bill was 200stg, i said i didnt have the extra money but when the car arrived i would talk to him about the extra money

the car arrived here it was running fine but had a few things wrong that he had not mentioned, 2 cracked alloys, a tear in the leather panel on drivers door, and most important of all it was 1991 where as it was advertised as 1992(i still have a copy of the original add) further to a couple of phone calls to the seller i said i wasnt paying the extra 200 mostly to do with the year,

 

fast forward to this morning i received a letter from a debt collection agency in london with ref to the sellers name looking for 363.00 doesnt say stg or euro

 

any advice peeps thanks in advance trish

 

 

 

 

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I think as long as you have the reciept you will be fine. If the debt collection try taking you to court over this matter it would almost certinly be laugh upon. I am not 100% sure... but i know i have been stung by sellers before. and buyers. to give you a example i had someone buy a car.. and they didnt bring all the money.. stupid me i let it go with a cheque.. the cheque bounced and i was left out of pocket.. priviate sellers only could take you to court.. but if you argue your case i think you might have a good result. .. if in doubt.. which i would be.. contact a solicitor.. best thing.. honest mate.

Quite simply, the previous owner put the car in for repair not you.

 

At that point the car was still his, therefore his choice to get the work done unless you agreed in advance that you would pay for the work. If he advertised the car as "a good runner" or such the like, then if it was not running properly before selling it to you, he is responsible for the tuning work to get the car in proper running order for the sale - thus backing up his claim the car is good.

 

Finally he released the car to you on receipt of the bank draft for the price agreed. You are not responsible for the extra repair money. Write back to the debt collection agency explaining all this.

 

Furthermore, he obviously mis-described the car; ie it is a year older than he claimed. You could counter-sue for your money back on this fact alone. Tell him to stick it up his arse mate - you are in the right.

 

All the best

 

Richard :cool:

I totally agree with Richard.

If he had turned up with the car not ruunning properly i guess you wouldnt have bought it? Therefore what he did before you bought it was down to him. If he had got a puncture before hand would you have been expected to pay for that? No!. Tell him to take a leap into the abyss and never darken your life again........ :smash:

if you have the original add take that and the letter to solicitor, they will dea lwith the debt agency and put a stop/hold on the action so you dont incurr thier extortionate costs.

 

the solicitor will detail the facts with the agency and the client reguarding the misrepresentation of the car under the sale of goods act which applies to the car as it was a uk registered car at point of sale.

 

unless the seller has proof you agreed to pay the sum due to the work undertaken before reciept of the car in writing then he has the burden of supplying proof, you on the other hand can show that he mis-sold the car to you and did not declare its true age which carries even more serious consequences with the vehicle agency and trading standards.

 

get your solicitor to play that card, he will soon go away!

 

goto a solicitor if only to get the debt agencys charges stopped and this put on hold while action is processed!! or it will go through the roof.