Used car

[itsmerob]

Hoping someone can offer some advice on what I should do about a problem I have after buying a used car on ebay. I had been looking for some time at MG Midget classic cars and finally found what seemed like an absolute gem on ebay. The ad stated car was in exceptional condition, and the pictures of it seemed to verify this. I emailed the seller and asked if the vehicle had any problems that he knew about, mechanically, rust, bubbling. He replied the car was perfect, a top end example of the MG midget. As the car was 190 miles away and had a new MOT on it which was 7 weeks I made him an offer for it to which he accepted.

 

We arranged a collection for the following week. Upon seeing the car it looked in very good condition. I'm no expert with cars, but all seemed in order. I took it for a short drive, and it seemed okay, although I noticed the brakes were not great and the steering seemed a bit wayward, but he assured me that as it's an old car, there was no ABS or Power steering on it and old cars drove that way. It seemed to make sense. We exchanged the documents and I paid him the ageed cash. I drove the car back to my home town but became very concerned about the way it was driving on the journey home. A few times on the motorway, I almost lost control of it because the steering was awful, and I was having to virtually jump on the brakes to get the car to stop, so the next day I took the vehicle to a independent registered classic car specialist and paid him £50 to give it a good over.

 

His report back was that the car was dangerous to drive. The brakes were in very bad condition, the steering was faulty and there was excessive corrosion beneath the pristine paint work. The list of problems was quite extensive, and in his opinion should never of been given the 7 week old MOT it had.

 

THe repair bill for the car would run into thousands of pounds. I then contacted the seller with this information to which he stated that the car was old and I couldnt expect it to be perfect and that he doubts the car as deterioted that much since its MOT 7 weeks previosuly. My complaint is that the vehicle was not as advertised and that the seller was aware of this as I have since found advisory notes in the paperwork he gave me that the garage who MOT'd the car advised him that the front sills on both sides had corrosion, track rod ends were worn, brake pipes had corrosion on them and that the car was leaking oil.

 

Refer to the advert description it clearly says the car is exceptional. He even emailed me through ebay with the following

 

""the MG is a good honest car with no faults to my knowledge and I have had her for 9 years... you have bought yourself one of the best and I hope you will be as happy with her as I have been. No rust, bubbles, scratches etc and all mechanics are in 1st class order....she pulls like a good 'un and does not feel 33 at all""

 

I have written proof from the garage that MOtd the vehicle that he was aware of the problems and chose not to mention them. The vehicle, which although looks great is actually a death trap with lots of hidden corrosion and rust. The seller is now arguing that I should,nt expect a perfect car for £2300. If it was perfect It would be worth 2 times what I paid. Not what he was saying in his advert and his communications with me.

 

Now I know I should of been more careful when parting with my money, but Have I got a case that he knowingly misled me? Also, he stated that since the MOT he had not driven the car. If that is the case then the MOT should never of been granted for this car. The brakes are in dangerous condition to the point where the independent specialists advised me not to drive it.

 

I have contacted Ebay and they have basically said cars aren't covered by there guarantee.

 

 

[afcwben]

is he a private seller or a trader, dont forget some pose as private sellers

[raydetinu]

You have a case as the the goods were not as described in the advert ( misrepresented ) and you take him to court if he does not refund your money.

Did you get advisories with the MOT cert. check the mot history on line on the VOSA site.

[itsmerob]

Yes he's a private seller. Ive checked the MOT history through VOSA and its got a history of corrosion problems and other mechanical problems. I ahve a copy of the advisory from the MOT which clearly states the problems the car had and to which he kept very quiet about.

 

How do I go about recovering my money.. courts etc?