pom wrote:

Your mistake was accepting the car in the first place with missing bits/paperwork. Don't go wasting money on solicitors either no need at all.

Now stop all that texting and either go visit the chap in person or better send him a letter in which you detail what you want remedying (be reasonable), specify a time limit for him to respond say 14 days. No need to mention court action. just give him time to respond.

On day 15 start a small claims action to recover the costs you spelled out in the letter to him, you do it all online and there is absolutely no need for a solicitor.

https://www.moneyclaim.gov.uk/web/mcol/welcome.

Make sure what you are asking for is reasonable and you can argue its reasonable when you go see see the recorder. don't ask for the moon. He will get served by the court automatically and get a period of time to respond to you. You will get a date to goto the court (its not actually court it will be in the recorders office so don't be intimidated).

9 times out of 10 they don't turn up in which case you win by default, if he then doesn't pay you get to send in the baliffs.

Let us know how you get on.

Pom

pom wrote:

you mentioned some repairs, add them in if the fault existed when you bought the car. Put them in at full cost and then offer to pay some of it yourself. The judge loves this kind of stuff it shows YOUR being reasonable and the other person is not.

Also in my experience its worth getting 3 quotes for everything, even if the work has been already done the judge wants this. so be pre-armed it again shows you as being reasonable. Also dont forget to claim the for cost of bringing the claim itself, registered post costs, the application fee, also tick the box saying you claim interest as well.

As paul_1978 says its not a bad process at all, just stand your ground, be reasonable, have the questions you want to ask written down and think up some of the answers to questions the other side is going to bring up so you are pre-armed.

Take pictures of all those texts he sent you and include them in the court pack so the judge gets to see them, it all builds the picture of who is being the reasonable party.

Pom

ps if after he is served the key turns up the next day, dont close the case wait until he has paid the other stuff as well.

d j hutton wrote:

Kennington Road (his stated eBay address ) is on the Nuffield Industrail estate, so judging by the number of cars he has for sale he probabbly is a trader of sorts. There is a fiat specialist garage listed on the same road so it's probably a sideline for him, I understand if sales are over a certain number then it's classed as trading, rather than the odd one outside your house.

Dj

6 per year
He is a trader, he makes no secret of that.

Just the fact he is dodgy!

I am going to lock up the car until this is sorted. I can use the 90 now I have it back

walfy wrote:

Nice letter. But for me the word "please" appears to many times. I would of written the same letter but told them what I wanted to happen and in a specific timeframe and left the pleasantries out of it. He has cost you time, effort and money. No need to be overly polite. Just firm.
But that's just me, other people will have different ideas for this.

Just a reflection on what people on here and the solicitor said, IF it does go to court at least it looks like I have made every effort to be polite and reasonable.

I actually deleted a few other pleases


The first effort was to fluffy