toyota auris hybrid 63 plate 70k mileage - Dealer sold me an unroadworthy car......... - AYSHA SID

So just wanted advice is anyone had been in q similar situation

I brought a car on the 12.01.22. I brought it from a dealership as I thought they could be trusted and I wouldn't need to worry as much in hope I would be in good hands. I paid just under £10,000 for the car that was described as in perfect condition. Upon driving it home I could hear noises from what I thought was from the engine. I called him within a few hours and he started getting annoyed with me how he regretted selling the car as he had other buyers that wanted the car but he gave it to me and how someone paid a deposit but he gave it to me etc. I actually felt pressured in buying the car the way he was going on and on about how popular it was.
Anyhow the same day the car was brought he told me if you think there is an issue take it to a Toyota dealership or my mechanic. Since his mechanic was a whole hour away I took it to a Toyota dealership the next of being the car in which they inspected the car and said the car has all in all 13 items requiring immediate attention in red flag. The car was deemed as unroadworthy by Toyota dealership mechanic as the car has a wheel with lots of cuts and another wheel that has no thread and another very close to the minimum limit as well as other issues such as the catalytic convertor being non genuine and having a faulty o2 sensor taped which was one of the reasons the car was not picking up speed and fuel consumption was high. I shared the report with him and he accepted the liability for the wheels and for the o2 sensor and the handbrake and said he will get his mechanic to sort it. I told him I do not trust him since he made an allegation that I was asking about his race and his skin colour which is nothing but lies that he later admitted to being confused with someone else. I explained I do not trust him and I accept a repair only if it carried out by Toyota dealership and not him or his mechanic since they have already falsely advertised the car. He refused and said to take it to small claims court. I basically either wanted a refund or the repairs fixed by Toyota dealership or at least the catalytic convertor fixed by them and the rest I would have allowed him to do.

I had sent him one notice about my consumer rights about rejecting within the 30 days I then sent another letter and email and then gave him the option of sitting with a mediator which he again refused and I myself contacted the motor ombusdman and they said they couldn't help as he was not accredited.

I finally had no choice but to fill in a small court money claim today on 14.01.22 just 2 days after buying the car and I was wondering how often these claims are actually successful and do I actually stand a chance?

toyota auris hybrid 63 plate 70k mileage - Dealer sold me an unroadworthy car......... - thunderbird

You have had a very busy 2 days.

toyota auris hybrid 63 plate 70k mileage - Dealer sold me an unroadworthy car......... - AYSHA SID

literally very busy and you have no idea the impact its had on me and my health

toyota auris hybrid 63 plate 70k mileage - Dealer sold me an unroadworthy car......... - Andrew-T

I think you mean you bought it from the dealer, and then you brought it home ?

Sorry ... :-(

toyota auris hybrid 63 plate 70k mileage - Dealer sold me an unroadworthy car......... - Xileno

We all know what they mean.

I think the best advice is the link Bromptonaut provided in the other thread you posted in (and in that thread generally):

www.citizensadvice.org.uk/consumer/buying-or-repai.../

Edited by Xileno on 15/01/2022 at 12:51

toyota auris hybrid 63 plate 70k mileage - Dealer sold me an unroadworthy car......... - thunderbird

Just to confirm:

You bought a car on Wednesday and found issues immediately.

On Thursday you took it to a Toyota dealer who carried out an inspection and found 13 things wrong including tyres with no tread (you say wheels with no thread but I think we know what you mean). Why on earth did you no see those faults before you bought it. You drove the car and if you had been caught its 3 points per faulty tyre plus up to a £2500 fine per tyre, 4 illegal tyres and that's your licence gone and £10000 out of your pocket, have an accident causing injury or death to a 3rd party and its prison time.

You then sent a notice rejecting the car and another letter and e-mail going back on this asking for mediation. Not sure but I suspect doing the latter would suggest you no longer want to reject it. Then you contacted the Ombudsman who told you they cannot help, no idea if it works like that.

Then on Friday small claims court you started procedures without giving the seller time to react to the rejection/mediation requests.

This seems more like buyers remorse than real dissatisfaction. Its a 9 year old car and it will never be 100% perfect. You should take some of the blame for not spotting the bald tyres, this indicated to me that you have not really looked at it before buying.

And I find it difficult to believe any main dealer at present can take a car in for an inspection within such a short period. Many are keeping established customers waiting weeks for an appointment.

toyota auris hybrid 63 plate 70k mileage - Dealer sold me an unroadworthy car......... - sammy1

Another warm welcome to the forum without offering any help!

You would not be surprised how naïve people can be when listening to the patter or car sales people and not knowing anything about cars

toyota auris hybrid 63 plate 70k mileage - Dealer sold me an unroadworthy car......... - AYSHA SID

Just to clarify he did respond before I did a court claim he said he will only fix via his mechanic and not fix via Toyota. I followed the steps citizens advice gave. I love that make and model car I had the exact same so why would I just randomly be dissatisfied and I know very little about cars hence why I went for a dealership in hope they would sell a road worthy car that wouldn't give me issues unlike a private one.

He will get the letter soon and hopefully either he gives me a refund or repairs via toyota u don't trust him he made up accusations about me already that he later apologised for if the car was repaired to a good standards ofcourse I'd keep it I need a car.

toyota auris hybrid 63 plate 70k mileage - Dealer sold me an unroadworthy car......... - AYSHA SID

And its not just the tyres, the cat o2 sensor isn't taped on properly causing high fuel consumption and it takes a while for the car to pick up speed considering its a 1.8. He responded and told me to go down a legal route and so I did

toyota auris hybrid 63 plate 70k mileage - Dealer sold me an unroadworthy car......... - Palcouk

you were far too quick to file a court claim, you would have needed at least 7 days for the dealer to respond.

your small claim is likely to take 12 months, before any court hearing, and as such your car and money will be tied up

toyota auris hybrid 63 plate 70k mileage - Dealer sold me an unroadworthy car......... - AYSHA SID

He responded and told me to take court action because he will not pay for a repair or give me a refund so I did. Regardless of how long it will take I needed to do this

toyota auris hybrid 63 plate 70k mileage - Dealer sold me an unroadworthy car......... - Brit_in_Germany

I believe it is a criminal offence for a dealer to sell a car which is not roadworthy. Maybe you could get trading standards involved.

toyota auris hybrid 63 plate 70k mileage - Dealer sold me an unroadworthy car......... - thunderbird

He responded and told me to take court action because he will not pay for a repair or give me a refund so I did. Regardless of how long it will take I needed to do this

Since the car is not roadworthy you must not drive it, to do so would make you criminally liable should the faults be found the cause of any accident. 4 illegal tyres are easy for any officer of the law to spot.

If you repair and keep using it it could be deemed that you were happy to accept the car it its as sold condition and then make it legal at your own expense.

Even if you won a court case there is no guarantee that the seller would ever give you any money. These sharks know how to avoid any liability they may have, they do it all the time. You would still have to pay any court costs which with legal fees could easily exceed the cost of the car.

toyota auris hybrid 63 plate 70k mileage - Dealer sold me an unroadworthy car......... - AYSHA SID

So the car actually has one illegal tyre and one tyre that's almost illegal not all 4 are illegal sorry should have been clearer and im going to literally pick it up and leave it parked the toyota dealership is only 5 mins away. I'm not going to repair the car I'm going to leave it parked on the side. And hopefully he just gives me my refund and I dont have court fees to pay at all, I'm a student and have so far had the application submitted and he will be notified soon and i didn't have to pay.

toyota auris hybrid 63 plate 70k mileage - Dealer sold me an unroadworthy car......... - Wee Willie Winkie

The dealer agreed to repair, but using his own mechanic.... and you refused because you wanted Toyota to repair it? Sorry, doesn't work like that and I'd bet you'd lose your small claims as you refused a repair.

You want the catalytic converter sorting....why, because it's non genuine? The car is 10 years old, odds on the brake pads/discs, suspension components are also non genuine.

If you wanted a car that would be repaired by a Toyota main dealer if it were faulty.... you should have bought a car from a Toyota main dealer.

Edited by DieselBoy on 17/01/2022 at 17:58