car from a classified ad on ebay- not roadworthy can I get my money back?

[HPT1]

Hi, Can anyone help me?

 

I bought a car from a private seller 2 weeks ago from a classified ad on ebay.

 

My partner and I went to the seller's house after messaging on ebay and agreeing a price and asking questions about the car etc.

 

The registered keepers boyfriend took care of the sale and took us for a test drive and answered all the questions we asked about the car and its condition.

 

She turned up before we left to sign the paperwork and take the money.

 

We had driven over 200 miles to buy the car and he constantly reassured us that the car was in perfect working order

and had just passed its MOT with "flying colours" 12 days prior to the sale.

 

He said they had never had a problem with the car whilst it had been in their possession.

 

The car had also had numerous modifications to the turbo and body etc which he informed us had been declared

and that when we insure the car they would have the details of all modifications (I have never had a modified car before so thought that was ok).

 

On arriving home the engine management light came on and by the time we got it to the garage the next day steam was coming out from under the bonnet

and we were told the turbo pipe had split and it had been heavily taped to conseal it.

 

They also told us that it should not have passed its MOT due to various problems such as loose 12volt wiring etc.

 

I have now opened a complaint with VOSA with regards to the MOT and they informed me that the car did fail but passed on the retest.

 

The bottom line is the vehicle is not roadworthy and is uninsurable due to me not being able to inform them what modifications it has had.

 

Is it possible for me to get my money back or take them to court?

 

I know I have been very stupid in not doing my research first

but as a layman as far as cars are concerned I thought they seemed genuine, trustworthy people.

Thank you in advance for any advice you can give.

[ericsbrother]

It all depends on whether you can prove that it was deliberately misdescribed. As you took it out for a spin with someone who wasnt the owner it will be difficult to prove that the owner deliberately concealed things in any statement made by them unless the boyfriend is a mechanic, car dealer or the like. Have a look at the sellers past feedback to see if they have sold any other cars. If they have then you have a chance of showing they are really in the dodgy motor business and not some unknowing person.

[Conniff]

If you can get proof the car is unroadworthy or was mis-described, those are practically all you have to get a refund from a private seller.

 

So get it on company headed paper from a vat registered garage and you can start the ball rolling.

[bmwman]

Hello

 

Did you save a copy of the ad if you did what was the Ebay listing number. I will try to help as far as I can. I have a similar problem and have taken court action.

[sailor sam]

SIGH! I struggle to understand why people will travel hundreds of miles to buy a used car. When things go wrong, you have got to get the car back to the seller in most cases!

 

First thing I would do is try and establish 100% whether in fact the seller is indeed private. If it turns out that he/she is a trader, then the situation will change dramatically.

 

As it stands, you have to prove that the seller deliberately or knowingly falsely advertised or described the car. Otherwise SOGA will not apply.

 

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 face to face professional advice for clarification prior to taking any action.

 

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