I’ve been scammed please help

[fadetoblack]

Looking for some advise for my next step.

I brought my son a second hand car a 12 plate Kia. The ad on auto trader the trader was using a company name ect (since discovered he ceased trading since 2015 on company house)

any got the car week ago and the next day discovered that none of the locks. Lock when you use the fob or manual use the keys but the fob unlocks all the doors? I phoned the seller he said I will arrange a local auto election to come round to sort it. After waiting 3 days to come back to me he failed to do so. I phoned him again he said his mate will come round and sort it again nobody bothered to turn up or no call to update me The receipt for the car he gave me names his company but that Ceased trading in 2015 I’ve got screen shots of all his ads on auto trader and all his text messages also his home address . I take it my only option is a small claims court? How do I inform him that’s my only option if does not get the car fixed.

 

[fadetoblack]

Those Kias will refuse to lock the doors etc if any of the doors/boot/bonnet aren't closed properly, so its probably something simple like a door sensor (the little rubber booted push button things in the door shuts) test each of them to see if they work by poking them and seeing if the interior light goes on and off.

"I've been scammed" seems a little bit melodramatic to be honest, assuming that the car is fine aside from this fault.

Sorry I’ve tried doing that with the sensors. Regarding the I’ve been scammed sorry if it sounds harsh but the idiot never returns my calls ect

 

[fadetoblack]

Welcome to one man band auto traders!

Can I do anything

 

[fadetoblack]

Realising you've just bought a car from a company that ceased trading 4 years ago?

Yeah totally melodramatic, that

thanks helpful as ever

 

[fadetoblack]

SARCASM. I'm on your side, it's shady as hell. and "..as ever", really?

sorry my mistake

 

[fadetoblack]

You've bought a used 7yr old Kia from a "man on his driveway" and have discovered it has a fault, this is hardly a scam and it doesn't prevent the rest of the car from functioning. Unless you purchased a warranty then chasing the seller is futile, just go and get it fixed and move on with your life. Or if you expect this level of after sale support then pay the difference and buy from a franchised dealer in future.

I got him on dash cam saying it comes with 3 months warranty and also selling another car at the same time as mine

 

[fadetoblack]

Get a diagnosis and repair cost from an authorized dealer. Send the seller the invoice via recorded / signed post, together with a letter stating your intent to pursue the cost should reimbursement not be made within 14 days. Send it on letter headed paper from a solicitor if possible; first 30 mins of advice is usually free.

Thank you Kia said today a diagnosis is £107. So will get a letter drafted today thanks for your help

 

[fadetoblack]

These are exactly my thoughts too.

You'll spend many precious hours of your life calling, sending letters etc and get very very little out of it. Now, if the engine dropped out of the car, this would obviously be worth it, but for the car not locking? Nah, I'd Google it and try everything you can and take it to a mechanic yourself and see what the problem is. It could be something stupid to do with programming etc that takes 5 minutes to do. As long as it isn't too expensive, i'd chalk it up to experience, leave negative reviews about the guy everywhere you can, and consider it the cost of buying a used car)

When buying from these dodgy 1 man band driveway sellers, you've got to assume you have the same rights as buying from a private seller. The "warranties" they give are hilarious, they aren't worth the paper they're written on (literally they're not, because most are "verbal" warranties - which are worth jack **** - and these dodgy car salesmen get very shirty/evasive when asked to put the warranty into writing...).

Many thanks it seems I am screwed you think it’s worth me reporting him to trading standards I’ve got all his ads and receipt trading as a company also the dash cam video of him selling 2 cars? Just to screw him over

 

[fadetoblack]

why go to kia? go to an indy with good auto-electrician get it fixed and chase him for the money.

you're complicating this more than you need and the "I've been scammed" title is a bit dramatic.

Sorry for the title I do struggle with correct wording my apologies

 

[fadetoblack]

While I don't excuse this guy's behaviour, your reaction and posts seem to be overly dramatic, from what you've said I get that this isn't how you wanted to appear, but if this is representative of the way you communicate with him, it's probably not the best way to go about things.

He doesn't have to be listed at companies house, if he ceased trading as a limited company - and wasn't restricted in doing so - nothing to stop him being a sole trader as long as he drops the LTD status. As to selling cars, you could push the trading standards angle, but they are largely toothless in this scenario and have been cut to the bone in terms of staff in most areas.

When going to small claims court, the test is one of being reasonable. Is it reasonable to take a 7y/o car to a main franchise dealer for a generic fault that doesn't require OEM level diagnostics and pay £107+ cost of parts and any additional labour, relative to it's price/condition at the time of sale and when purchased from a sale trader operating off his drive? Probably not. This is likely basic work, your average high school kid with a multimeter would likely be able to diagnose - I replaced a door sensor earlier this year for £6.95 delivered.

At best you have the work done (you pay), you take him to small claims court (you pay), he refuses mediation and/or to settle so it goes to court (you pay more), you go to court (time off - claim for it, but again you 'pay' via lost holidays etc.), you win and obtain a CCJ, you then need enforcement (you pay) and if that's unsuccessful, you need to pay to escalate it (again, you pay). By now you'll have been dealing with this for months, likely invested days of your time in all of the above along with hundreds of pounds. If you think it's worth all of this over what is likely to be a simple/inexpensive repair, then have at it. Personally i'd send him a recorded delivery explain that you would prefer to resolve this without having to go to small claims court if it's a simple fix, but if he isn't able to arrange for someone to look at the car within 7 days, you'll arrange for an independent garage to get the work done and come after him for the money. He probably has a few hundred quid in this car, if it comes down to £60 for someone else to look at it and £15 in parts, then that's likely to be a lot easier to stomach for him than a few hundred at Kia (same brand who try and sell people £3xx of replacement keys when someone asks for a replacement shell for the fob).

Thank you for the above it makes sense again I apologise cheers

 

[fadetoblack]

Have you checked all fuses and relays?

Checked the fuse and the fob and keys unlock the locks fine

 

[fadetoblack]

Most cars come with more than one key. How many did you get? You've changed the battery in the fob? Mine (toyota) will unlock the car but not lock when the battery goes low. I'd go back round to the guy and ask him to show you how it locks with the fob. Check all fobs first and if only one has a remote - change the battery. The pads in the fobs can break also so maybe down to a faulty fob and nothing to do with the car.

£107 for a diagnosis! Jeez can buy a decent fault reader yourself for that to be used on any car and charge mates a tenner to read theirs.

One key and changed the battery on the fob door locks don’t lock using the key but does unlocks the door locks

 

[fadetoblack]

Probably find it's the wrong fob.

But it unlocks it?

 

[fadetoblack]

Bought.

 

[fadetoblack]

If I didn't, someone else would .
I'm not asking for the world, just a basic level of grammar.

I'm also Dyslexic before that excuse comes out.

Back on topic, what are going to do about the car?

just a basic level of grammar? Oh get you
I don’t need to make any excuses for my poor grammar especially to you.

 

[fadetoblack]

Added on purpose .