Private Used Car Sale - Mislead and Not as Described

[dampriser]

Hi There,

 

I'm after some verification and advise on the best way forward.

 

I purchased a used car privately after seeing an auction on ebay for the car.

The car was described as having flew through the MOT with no advisories.

 

I communicated with the seller through the ebay messaging system and negotiated a price which the seller agreed to take it off ebay.

The price agreed was subject to the car being as advertised.

 

One day after purchasing the car i nearly had a crash as the steering had gone, I had it towed to my nearest garage who diagnosed the offside anti-roll had worn.

Later that day i went on to the direct gov website and did an MOT history search, which showed that the vehicle had actually failed the MOT on a rear number plate bulb, (which was fixed and then passed), but also there are 2 advisories, for which one stated as wear on offside front anti-roll link arm!

 

Thus I have written to the seller requesting reimbursement of the repair on the basis that the car was not as described and that i had been mislead.

 

The only response i have had so far is that the car is not as described, as the sale was not completed on ebay hence the description in the listing is not relevant.

I have requested all communication to be made in writing.

 

Through the ebay messaging system, prior to the sale taking place, the seller again quoted that the car flew through the MOT with no advisories.

 

Verification that the car was not as described and that i was deliberately mislead, i want to take this further and claim the cost of repair.

 

Which is the best way to do this? i.e online court, or local county court.

 

Also as I'm on benefits would it be advisable to seek a solicitor and claim legal aid?

 

If i were to use the online system is there a facility to attach evidence i.e copy of the advertisement listing, and copies of the messages?

 

Thanks for reading and any advice and comments given.

I just can't get over that someone could lie through their teeth in order to get a few more quid, whilst endangering people lives.

 

The garage has confirmed that the car is unroadworthy, and perhaps there are other avenues that can bring these sort of people to justice. Don't they get it's peoples lives they are playing with.......sorry, just makes me so angry.

[sailor sam]

You havn't indicated when you bought the car which will be a key factor. If it was in the last few weeks and based on what you have said then you may have a case here. You will probably be aware that buying privately reduces your rights under the SOGA but not when it comes to false advertising. First of all, it is vital that you keep copies of all correspondence including a copy of the E-bay listing. secondly; who did you pay for the car? was it via PayPal? If so, you could open up a dispute through them.

 

In any event, it would appear that the seller knowingly sold you the car with an advisory about the track road arm. However, I would of thought if it was worn sufficient to cause a sudden 'loss of steeering', then it would of surely failed an MOT. That would suggest that the MOT was some time ago.

 

So can you expand your post a lttle more by giving us a timescale between the MOT, the purchase and the occurance of the fault so we can advise you further.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[dampriser]

Yes, Many Thanks and apologies for the omissions.

 

The car was purchased the day before the incident, Friday 21 May.

The occurrence happened Saturday 22 May.

The MOT is dated 28 March 2010.

The car was purchased with cash.

 

The seller did issue me with a 'sold as seen' receipt, but as i understand that is not a phase recognised under law.

[sailor sam]

Right! So have you got a copy of the Ebay listing which states that the car 'flew through the MOT without any advisories'? Can you provide evidence to show that it did have an advisory about the anti-roll arm? And have you got copies of all messages through Ebay with the seller?

 

If you can answer yes to all 3 questions, my advice is to contact the seller asking him to refund all your losses (repair/recovery ect) in full within 14 days or you will commence proceedings against him. Indicate that you will be adding interest to any such action plus court fees. As well as sending him this via email, send him one through the post via recorded delivery. You may wish to point out that you have obtained proof that the car was subject to an advisory in it's MOT of March 2010 which he failed to declare to you. This will be the basis of your case against him.

 

Forget what he wrote on the reciept, it will count as nothing in court. What matters is how the car was advertised.

 

Let us know how you progress.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[dampriser]

Thanks Sam,

 

Yep to all 3.

I also rang CAB and they advised the same as you, though only to give 7 days notice of intent.

I'll get a letter sent registered off today and keep this thread updated.

 

Many Thanks again

[sailor sam]

Ok, make sure everything is now done in writing. Do not discuss anything over the phone unless it's where to send the money. Giving 7 days is fine but generally you have to account for postal delays ect so 14 days covers all eventaulities.

 

Good luck!

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[Conniff]

Yes have to agree that the false description is the main point here and not the actual failure. Courts tend to side with a customer more than a seller especially if he has intentionally misled.

[dampriser]

I totally agree as there are other faults i have found with the car since, but that is my undoing by not getting a mechanic to accompany to view the vehicle.

But the seller deliberately mislead me in to believing there were no advisories and it's only on that basis I want to make a claim against them.

[sailor sam]

I totally agree as there are other faults i have found with the car since, but that is my undoing by not getting a mechanic to accompany to view the vehicle.

But the seller deliberately mislead me in to believing there were no advisories and it's only on that basis I want to make a claim against them.

 

You may be able to claim for these also as you only bought the car on Friday. However, again this will depend on how the car was advertised and the age of the car/value ect which you havn't stated.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[gpbrown83]

Hello,

 

I am seeking advice, after reading your forum post about your car purchase.

 

I have recently purchased a VW Golf, that was advertised as "Runs like a dream, needs nothing doing to it" - but it turns out there's a problem with either the clutch of the flywheel - and it's going to cost me to get it sorted.

 

I only got the car on Sunday 06/12/2010, and this became apparent on the way home.

 

I have not contacted the seller yet, because I want to be certain about what is wrong with it.

 

I just wondered how you proceeded, and what the outcome was?

 

Thank you,

 

Gordon.