What rights do I have

hayleybyrne

New Member
Feb 22, 2012
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Hi I recently purchased a 2003 Fiat Stilo

The advert stated 'recent new tyres' and air conditioning, I was only able to take the car on a limited test drive as it had hardly any petrol in it, it seemed reasonable for the age, price etc so I purchased it, I am naive when it comes to cars and although I looked at everything I don't actually know what I'm looking for !

The next day my husband took the car out and when it warmed up the clutch started slipping quite badly, I immediately booked it in with my Local garage to do a 'health check'

The car needs 4 new tyres, a new clutch and there are various other problems, in addition the air conditioning does not work, I contacted the Trader who became quite nasty, I then sent him a letter as instructed detailing the problems and asking him to carry out the repairs, he has refused.

My problem is that he never gave me a receipt for the car I witnessed him writing one, saw what he wrote and saw him pop it in with the rest of the paperwork, but at some stage when I wasn't looking he removed it, he now says his copy of the receipt details all of the faults and that I knew about them when I purchased the car - a blatant lie. It has since transpired that he has been in prison for tax fraud and has also been taken to court and successfully prosecuted by somebody else who bought a car off him.

Help - what are my chances?, also does anyone know how I can find out if there have been any other trading standards cases against him?

Sorry about the length of this !
 

Witch consumer

Moderator
Sep 8, 2008
1,593
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Debtors retreat
Trading Standards would be a good place to go with this one, have you tried googling him to see if you can find any other complaints, I would also check the MOT as, if the tyres are dodgy (and who knows what else) it could be something you could take up, selling a car in a dangerous condition is against the law, so is providing an MOT for one (if it has been tested).

Doesn't sound like you are going to get anywhere with him but there is a process you must go through before taking him to court, write a formal letter of complaint giving him a timescale to sort it (2 weeks is reasonable), if this fails, write and tell him you will be going to court in 7 days and if no response, do it, he may not pay up in the end but at least he'll have another tangible black mark against him.

Good luck and let us know how you go on
 

ALewis

Moderator
Nov 23, 2010
691
4
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South Wales
Also, I don't know if this is 100% correct as it is not sold as a business (witch consumer please verify this if I'm right)
You could send a letter to his local Trading Standards with a Freedom of Information request, under the Freedom of Information Act , section 1? Requesting to know how many complaints they've received about the person in question .
Though the above will not help the case at all, you did ask a way to find out.
However please note: people may have complained to THEIR local TS , not his, so to his local TS, there may be no complaints, but to another TS, there may be..
 

hayleybyrne

New Member
Feb 22, 2012
2
0
0
Hi many thanks for the information, I have now arranged a meeting to see Trading Standards next Tuesday, I will let you know how I get on as it may help other people with a similar situation.