used car bought and has major faults where do we go from here - dealer

[deb66]

My daughter bought a car which she had seen advertised on ebay

She arranged to view the car with her boyfriend, and proceeded to buy using bank transfer, the sale went through but not through ebay he cancelled the listing.

The car was described as superb etc and apparently had been driven by his wife whilst her car had been fixed the week before.

 

She paid £3900 by bank transfer and brought the car home as she insured it whilst she was there

 

The guy is a dealer and sells many cars from home through ebay. Compared to her car some fairly expensive cars

 

After 3 weeks car began overheating, we rang him and he described a fairly minor problem which my daughter got fixed at the cost of £60 to herself (heat sensor)

After a further 2 weeks the car made horrendous noises and was checked by RAC and informed gearbox had gone, the car is not drivable and has now been parked up for 2 weeks.

On the advice of CAB she wrote to him saying he was in breach of contract under sale of goods act and would he fix the car or take it back and give her a refund

She after getting text that car was sold through auction so had no responsibility under sale of goods act to repair or refund.

she then sent second letter giving final notice that she would take him to court …no response

 

she now hasn't got a useable car, is struggling getting to work and her daily affairs…what can she do

its going to cost a fortune going to court and she is spending money she hasn't got….the car is parked up at my house doing nothing and is undrivable tax has run out now and she has SORN it

 

we need to proceed quickly on this and cheaply!

 

thanks for any help and advice

[rebel11]

Hi deb66

 

He says that it was sold through auction, so has no responsibility under the Sale of Goods Act 1979 (amended). You say he has cancelled the listing, so the listing no longer appears on Ebay. Have you tired Internet Archive to look for the ad?

 

https://archive.org/index.php

 

The Small Claims court has fees.

 

https://www.gov.uk/make-court-claim-for-money/court-fees

 

There are other fees, but minimal.

 

Small Courts Claim.

 

http://www.adviceguide.org.uk/wales/law_w/law_legal_system_e/law_taking_legal_action_e/small_claims.htm

 

Here's some info:-

 

http://www.shetland.gov.uk/tradingstandards/documents/Guidanceforsecondhandcardealers.pdf

 

Have you got proof that he is a dealer?

 

Has she kept the text?

 

http://www.ebay.co.uk/gds/The-Ultimate-used-car-buying-advice-help-and-guide-/10000000008482926/g.html

[deb66]

thank you, i still have a copy of the ad but we didn't go ahead with the sale through ebay he finished the listing early and she basically bought the car.

[rebel11]

Can you track down any of his other listings on ebay?

 

'The guy is a dealer and sells many cars from home through ebay. Compared to her car some fairly expensive cars'

 

It sounds like the dealer is falsely representing himself as a private seller whose advertised on Ebay under an auction listing, then cancelled the auction listing. So you've purchased the car from the dealer. Now he's stating that you have purchased it though an auction on Ebay.

 

thank you, i still have a copy of the ad but we didn't go ahead with the sale through ebay he finished the listing early and she basically bought the car.

[ashmk]

This is pretty clear cut and the dealer, because he is a dealer if he sells multiple cars, is responsible. If you didn't send a letter recorded delivery then I would send one last letter headed 'Letter before action' outlining what the issue is and what you want doing about it and giving say 14 days to make it right. If he ignores this then sue in the small claims court.

 

The guys here on the forum can help you issue a claim so you don't need a solicitor or anything like that.

 

I would get something from an independent garage in writing on headed paper saying what the fault is. You may have to pay for this but put it in your claim to be recovered.

 

Can you get that text printed? It would look good for your case.

 

This guy on ebay is a fool if he thinks what he said will save him.

[rebel11]

Send it Recorded Delivery.

 

http://www.which.co.uk/consumer-rights/action/letter-before-small-claims-court-claim

 

http://www.adviceguide.org.uk/wales/consumer_w/consumer_taking_action_e/consumer_legal_actions_e/consumer_going_to_court_e/consumer_taking_court_action_e/step_one_write_a_letter_before_action.htm

[deb66]

hi

 

thank you

 

I can get all the text printed and i sent the first letter recorded delivery on the 9th June I have sent him a second one and have kept all correspondence and can get all the text printed off.

 

i can also print off other adverts on ebay etc which i will do.

 

I will begin the process of getting and independent report and I have kept the report from the initial RAC visit when it broke down

 

I will also look at making ebay aware of his dealings

 

thank you

[sheene]

Hi iv had to take court action if you read my post make sure you go about it correctly because through this forum i have been told even though we have instructed a bailiff from the county court we may not get our money back,if you take the first step county court don't use there bailiff transfer to high court this advice will not be given by county court seems to be a bit of a con in my eyes.

 

Sounds as if you will have to go all the way with this seems to be cads and scoundrels in the used car game read my AUTOSAVE BLACKPOOL post on here.

[sheene]

Hi iv had to take court action if you read my post make sure you go about it correctly because through this forum i have been told even though we have instructed a bailiff from the county court we may not get our money back,if you take the first step county court don't use there bailiff transfer to high court this advice will not be given by county court seems to be a bit of a con in my eyes.

 

Sounds as if you will have to go all the way with this seems to be cads and scoundrels and Bounders in the used car game read my AUTOSAVE BLACKPOOL post on here.

[Conniff]

Can you give us an update please deb.

[deb66]

Can you give us an update please deb.

 

Hi. My daughter sent two letters over the past month. The second letter dent recorded delivery he refused to accept so my daughter sent it normal mail along with a note saying she had tried to send it recorded

 

Anyhow a month after first letter yesterday she began a money claim online claim. Will keep you posted. Nothing really to update

[Conniff]

Thanks for that.

 

 

If you require any assistance with your claim, we have a legal section that will help.

[ericsbrother]

the dealer is probably familiar with the inside of a court so expect to win but then take on another battle to get your money. If the debt is more than £700 then an HCEO can be used and they have more powers than an ordinay bailiff, especially when it comes to businesses.

[stu007]

I wonder if they have informed HMRC that they are a Dealer for tax purposes?

 

http://www.hmrc.gov.uk/vat/sectors/motors/selling-cars.htm