Hi I'm hoping that someone can answer my question regarding if I have the legal right to take my car back.
Outline of the case is this:
1. son buys second hand car from guy in a private residence, who gets out a pad of receipts and writes across it, sold as seen - he had 5 other cars on his drive so I feel he is working as a dealer from his private residence.
2. son takes car to garage as can engine was making a noise after 2 days and it was quite difficult to drive in a straight line!
3. Gargage diagnosed all 4 wheels were bent and not road worthy and that the little end had gone.
4. contacted the 'dealer' and requested our money back as not fit for the purpose that it was intended.
5. He refused to give money back but said he would repair the car.
6. came to get car, took it away and nearly 3 months on has now asked for an additional £700 for the work he says he has carried out! He has ignored all our calls and letters asking for our money back but today answered the phone and said that if we didn't pay him, then we could take him to court to get our car back.
Can you with-hold the car? Are we able to legally go and get the car as he has the key but we have the log book? Desperately need some advice as tax runs out soon and I am concerned that he will not keep it off the road even if I SORN it. Its now not insured as needed to buy another car to get around in.
Any ideas on what to do, he is just ignoring us! Can I just go and get the car on a low-loader and bring it back to my house? Surely it should be he who takes us to court for the money rather than the otherway round? He has our money and the car!!!
Outline of the case is this:
1. son buys second hand car from guy in a private residence, who gets out a pad of receipts and writes across it, sold as seen - he had 5 other cars on his drive so I feel he is working as a dealer from his private residence.
2. son takes car to garage as can engine was making a noise after 2 days and it was quite difficult to drive in a straight line!
3. Gargage diagnosed all 4 wheels were bent and not road worthy and that the little end had gone.
4. contacted the 'dealer' and requested our money back as not fit for the purpose that it was intended.
5. He refused to give money back but said he would repair the car.
6. came to get car, took it away and nearly 3 months on has now asked for an additional £700 for the work he says he has carried out! He has ignored all our calls and letters asking for our money back but today answered the phone and said that if we didn't pay him, then we could take him to court to get our car back.
Can you with-hold the car? Are we able to legally go and get the car as he has the key but we have the log book? Desperately need some advice as tax runs out soon and I am concerned that he will not keep it off the road even if I SORN it. Its now not insured as needed to buy another car to get around in.
Any ideas on what to do, he is just ignoring us! Can I just go and get the car on a low-loader and bring it back to my house? Surely it should be he who takes us to court for the money rather than the otherway round? He has our money and the car!!!