Used car mis-described. What recourse do I have?

Hammerhead1914

Hammerhead1914

Hammerhead1914

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Joined
20 Mar 2024
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2
Location
Wales
Hi all, I bought a modified Ford RS. The trader who sold it to me works for as/a garage and had good reviews. The sale has gone through a private bank account via BACS. It's apparently sold as seen but I was issued no receipt or paperwork except for a V5 doc that was still registered to a previous owner, not the guy who sold it me.
The garage the trader is associated with has issued a brand new MOT on the vehicle. A bad knocking noise that wasn't apparent when I bought it developed within a day. A garage I have taken it to have stated incorrect fitting of suspension system. Also that there is no CAT on the exhaust. They have stated that they have sufficient concerns regarding the quality of modification works on the vehicle, that they are refusing to carry out any works on the vehicle
Seller is now non-responsive and I have a defective vehicle I have paid a lot of money for that I can't really drive until I get expensive works done on faults that would have been apparent when this alleged MOT was carried out.
Any advise on how to proceed would be greatly appreciated. I feel overwhelmed with the potential for spiralling costs which in my opinion the seller should be liable for. This vehicle was described in the advert as in superb condition mechanically.
Thanks in advance - I'm learning as I'm going.
 
So I think I have overstated when using the term "garage". It's a private trader in reality. Unfortunately I don't have the hard copy of the MOT certificate, only what is accessible online which gives a test no. but doesn't confirm the garage that carried it out. I've definitely dropped the ball on this, hands up. I'm just trying to establish what if any recourse I might have to recover costs. And also if anyone has any recommended specific checks on sellers to carry out to avoid this going forward. Thanks again.
 
Why didn't you run a mile when they wanted paying to a private account?

They've done all this to come across as a private seller which means you lose all buyers protections.
 
Don't buy cars private unless :

a) You have someone who knows what they're looking at vouch for the state of it

b) You can afford the risk of buying a lemon with no legal recourse.

Buying a modified boy racer mobile makes point a) even more critical.
 
To be honest although it would now fail a mot you have to prove it was in the same sate when tested. Unfortunately I had a similar experience when I was younger and working 70+ weeks I trusted a local garage to inspect it and it was anything from the Truth. Morrell of the story was check it your self. Unfortunately unless the cars worth good of money it's not worth trying to take legal action, Especially if its a private seller.
 
Trading Standards would be the first port of call and maybe HMRC.

Basically the dealer said it was a private sale in order to avoid his obligations. He knew it was a lemon.

Also be have a word with DVSA about the dodgy MOT.

Myself personally I'd be going down and saying either the pay to get the car rectified else the above 3 get a phone call.

Dealer will fold
 
Yep, I'd be advising that your first port of call is a full report and then for it to be sent to DVSA.

What car? Focus RS? What year?
 
sold as seen but I was issued no receipt or paperwork except for a V5 doc
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Come on - I know you probably don't need to hear it now but why didn't you run a mile at this point....

Any service history? Any other information?

If you've paid cash directly into someone's personal account - your really going to struggle to do much, if anything now. Bank won't be interested as you willingly paid for the vehicle so there is no chance you were scammed etc.

Did you buy it off someones driveway? Or anything that resembled a forecourt etc??

You need to return to where you bought it and front up the individual. You mentioned reviews etc - track them via that etc.
 
If they are a dealer I don't think they can pass it off as a private sale if it was registered to the dealership when sold. Which means buyer protection still applies.

The fact it has an MOT and no cat is open and shut MOT fraud tbh. That can come with a prison sentence. If he isn't going to budge I'd open that can of worms on them. If the DVSA and police bother to look in to it, they'll probably find all sorts of other things to do them for.
 
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Nasher said:
If they are a dealer I don't think they can pass it off as a private sale if it was registered to the dealership when sold. Which means buyer protection still applies.

The fact it has an MOT and no cat is open and shut MOT fraud tbh. That can come with a prison sentence. If he isn't going to budge I'd open that can of worms on them. If the DVSA and police bother to look in to it, they'll probably find all sorts of other things to do them for.
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Not really they could just say it had a cat when it was MOTd.
 
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Nasher said:
If they are a dealer I don't think they can pass it off as a private sale if it was registered to the dealership when sold. Which means buyer protection still applies.

The fact it has an MOT and no cat is open and shut MOT fraud tbh. That can come with a prison sentence. If he isn't going to budge I'd open that can of worms on them. If the DVSA and police bother to look in to it, they'll probably find all sorts of other things to do them for.
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An MOT but it has no cat is definitely not "open and shut MOT fraud" - I'm glad you are not a judge :D
 
sigma said:
Not really they could just say it had a cat when it was MOTd.
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Then they could just ask to see the test results for the emissions.

As it's still within 6 months, its on the dealer to prove the fault wasn't there when sold. No CAT means the car is unroadworthy.

I once had this argument with a dealer after finding a cracked subframe, also somehow passed an MOT. They ended up having to replace it at their own expense as they sold me an unroadworthy car (without stating the fact), which is illegal.
 
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Nasher said:
Then they could just ask to see the test results for the emissions.

As it's still within 6 months, its on the dealer to prove the fault wasn't there when sold. No CAT means the car is unroadworthy.

I once had this argument with a dealer after finding a cracked subframe, also somehow passed an MOT. They ended up having to replace it at their own expense as they sold me an unroadworthy car (without stating the fact), which is illegal.
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It doesn't sound like there is a dealer, from the OP's description it sounds more like a private sale from someone who works at a garage.
 
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