Technical Recent car bought, terrible problems

[Cuppatea]

Hi,

I bought a fiat 500 two days ago, the seller (a trader) has gone AWOL and I am left with a car that has failed it's MOT.

I paid £3k for a 2011 fiat 500 and it has a number of major MOT defects

1. Suspension Spring mount corroded (I think rear) please see photo of the issue [5.3.6(a)(ii)]

2. Engine mil inoperative or indicate a malfunction [8.2.1.2(h)]

3. Electronic power steering, system malfunction [2.6(a)]

In your opinion, how much would you think it would cost for a garage to resolve these issues? Am I just throwing good money after bad?

 

[Cuppatea]

Tower House Motors - Nottingham

towerhousemotorsreviews.co.uk

Dear all,

Thank you so much for all your suggestions and comments. I have really appreciated the support and candor.

Looking on the internet, it appears the seller has done this before. And has been taken to small claims court, lost, but simply changed companies.

So, the latest in this saga

I have launched a small claims against the seller, and fully expect to win and then equally expect that the seller will simply not comply with the courts. But, it felt cathartic to write down my grievance on a formal website.

So, plan at the moment, watch what happens with the courts, (maybe two months) then once I have won, sell the car on eBay for hopefully some money and recoup some of the costs.

On a personal note, I will take the bus to school (should have really done this in the first place). Car ownership is (for me) poisoned at the moment.

I live in Bath (which is super hilly) so cycling 15 miles to work is not an option.

Wish you all well.

 

[steveras57]

If you know where he lives you and some friends! could pay him a late night visit!!!

 

[jrkitching]

@Cuppatea

Just a thought; do you have somewhere to keep the car other than leaving it parked on the road?

 

[Cuppatea]

@Cuppatea

Just a thought; do you have somewhere to keep the car other than leaving it parked on the road?

Hi, yes I have it on my driveway. I haven't cancelled the insurance yet but obviously I'm not taking it anywhere, do you think I should cancel it?

 

[jrkitching]

Hi, yes I have it on my driveway

Great, that's one thing that you don't have to worry about, at least.

I haven't cancelled the insurance yet but obviously I'm not taking it anywhere, do you think I should cancel it?

Only if you're sure you're not going to have the car repaired and use it.

A lot depends on the specific terms of your policy. If there's a cooling off period and you're within it, you should get most of your money back. Otherwise, there will likely be a cancellation charge, which might be significant.

I'd suggest you give them a call on Monday, explain the situation and see what they say.

The other thing to bear in mind is the potential theft risk. Once you've cancelled the policy, that won't be covered, so that depends on the security of your private driveway and your attitude to risk. If it's in an area where it's easily noticed and accessible, then some less scrupulous types might start stripping it for parts, especially if it takes on an air of abandonment.

 

[Pugglt Auld Jock]

Hi, yes I have it on my driveway. I haven't cancelled the insurance yet but obviously I'm not taking it anywhere, do you think I should cancel it?

Is the car in your name yet - ie, does Swansea have you as the listed keeper? If so remember to SORN it if it's not taxed or they'll fine you.

 

[g8rpi]

Have you contacted Autotrader? They may have additional contact information for the advertiser.
DO report it to local Trading Standards. Even if they don't help you (I think they will try) if no one reports this rogue trader then there is nothing they can do. Ther more people who report the more chance that that they will act.

 

[Cuppatea]

Have you contacted Autotrader? They may have additional contact information for the advertiser.
DO report it to local Trading Standards. Even if they don't help you (I think they will try) if no one reports this rogue trader then there is nothing they can do. Ther more people who report the more chance that that they will act.

Good point,

The chap who sold me the car, is still selling loads of others on autotrader. I have reported these adverts to autotrader as potentially fraudulent, on the basis they offer warranties but (in my case) it was not forthcoming.

In relation to trading standards, we will do that tomorrow. As you say, it is worth doing, even for the record, and perhaps help someone else.

Thank you for your time in responding

 

[Cuppatea]

Is the car in your name yet - ie, does Swansea have you as the listed keeper? If so remember to SORN it if it's not taxed or they'll fine you.

Thank you,

The car is taxed for the year (£35) and I received the DVLA two page documents which says I am the owner now.

 

[Pugglt Auld Jock]

Thank you,

The car is taxed for the year (£35) and I received the DVLA two page documents which says I am the owner now.

Good. At least that's one less thing for you to worry about. What an awful tale of woe this is, I'm so sorry for you. Hope it all pans out well in the end for you.

 

[steveras57]

If hes still advertising on auto trader 2 things -first can you tell us his trading name as a warning to others !
and b) why not get a friend to fake interest in one of his cars and ask him to show them it !-if you go to him or he brings it round to you have a few burly male friends waiting they could "citizens arrest" him and frogmarch him to a police station or if he is bringing a car to you/them have the police waiting to arrest him!

 

[AndyRKett]

have a few burly male friends waiting they could "citizens arrest" him and frogmarch him to a police station or if he is bringing a car to you/them have the police waiting to arrest him!

arrest him for what???? No actual crime has been committed, its a civil matter.

 

[steveras57]

arrest him for what???? No actual crime has been committed, its a civil matter.

seams like fraud to me!

 

[jrkitching]

No actual crime has been committed, its a civil matter.

Selling an unroadworthy vehicle is a criminal offence under Section 75 of the Road Traffic Acts 1988.

Getting the CPS to bring a prosecution is, however, another matter. It does, however, sometimes happen, usually after repeated complaints have been received - hence the suggestions that this should be reported.

Section 75 applies even to private sales, so if you are ever selling a car in this condition, it's advisable to get the buyer to sign a declaration that they will not put it onto the public highway until it has been made roadworthy. You're then in the clear as far as any future action is concerned.

 

[steveras57]

Selling an unroadworthy vehicle is a criminal offence under Section 75 of the Road Traffic Acts 1988.

Getting the CPS to bring a prosecution is, however, another matter. It does, however, sometimes happen, usually after repeated complaints have been received - hence the suggestions that this should be reported.

Section 75 applies even to private sales, so if you are ever selling a car in this condition, it's advisable to get the buyer to sign a declaration that they will not put it onto the public highway until it has been made roadworthy.

key words here to me are criminal offence! however also agree that getting the police to get of there collective arses might prove difficult! so a little "public justice"! might be a better option even if it cause a further strain on the N H S ! and if ya set fire to his car the fire brigade as well!
F***er sure deserves it! ( and if it was me he would get it too!

 

[jrkitching]

key words here to me are criminal offence!

A lot of criminal offences get reported to the police that are never investigated. The chances of them getting directly involved in this case are indeed slim.

But if this car had been driven after purchase and had been involved in a fatal accident, they would have been all over it, and the seller would have some serious explaining to do.

 

[steveras57]

A lot of criminal offences get reported to the police that are never investigated. The chances of them getting directly involved are indeed slim.

But if this car had been driven after purchase and had been involved in a fatal accident, they would have been all over it, and the seller would have some serious explaining to do.

In that case maybe she should use it to run him over!

 

[AndyRKett]

Selling an unroadworthy vehicle is a criminal offence under Section 75 of the Road Traffic Acts 1988.

Getting the CPS to bring a prosecution is, however, another matter.

Section 6a of the page you quoted

“unless he also proves that he took all reasonable steps to ensure that any prospective purchaser would be aware that its use in its current condition on a road in Great Britain would be unlawful”

So telling the op they need to get the car MOTd or the car doesn’t have an MOT would be reasonable steps to ensure the buyer that use of the car on the road would be unlawful. The fact the OP took it for an MOT and has stated here they would not drive it in its current condition is also all evidence the seller made it clear the car was not road worthy

No offence committed, police would not be interested.

 

[AndyRKett]

seams like fraud to me!

Where is the fraud?

I know you might be angry for the way the OP has been ripped off but there is no criminal case here, would be a civil matter between the OP and the seller.

If the OP can get the guys details the I would be include if it were me to start a civil claim through the courts, if he is selling multiple cars then they could be taken and sold to reclaim the loss

 

[vexorg]

Section 75 applies even to private sales, so if you are ever selling a car in this condition, it's advisable to get the buyer to sign a declaration that they will not put it onto the public highway until it has been made roadworthy. You're then in the clear as far as any future action is concerned.

Technically it had an MOT at time of sale, that makes it roadworthy.
I doubt you'd have any hope of getting anywhere with that on a private sale. The RAC and AA have services to check vehicles because people know you get nowehre with a private sale.

Claiming to be a trader when he's not might be the crime, but police aren't going to waste time on that. Trading standards maybe have some time to waste, then he'll just appear somewhere else under a new name.