Advice needed on problems after buying used car on Ebay.

JK12345

Hi, I recently bought a car from ebay from a man that although is a business is not a motor dealer. The car is described as "mechanically sound, with no knocks or rattles etc and has been well maintained, feels like a new car" However the car has major steering issues needing a new sterring column and rack, and new drive shafts and CV joints. I asked the seller when I bought the car if it was OK as I needed it to get my 6yr old to school and back and he assured me the car is "straight"

I have contacted the seller to say I am unhappy and he has offered to refund me £80! (the car was £1000). The advert states that a full or partial refund will be given within 14 days if goods are not as decribed. I have also looked on the internet and it seems to imply that when a car is bought privately, it is reasonable to assume the car will pass an MOT unless its being sold as scrap, aside from the mechanical issues, the car would not pass an MOT due to excessive chips on the winscreen and front lights (the owner is a rally entheusiast and I guess had been rallying the car)

The car is advertised as body condition being poor, where as it is worse than poor, it needs a full respray, and new bonnet bumper and 4 doors. The seller ensured the car was absolutely filthy when collected, thus hiding most of the damage.

Finally the ad also states that he is selling the car as he only bought it whilst his was off the road, and now no longer needs it, this isnt the case, he infact went and bought another car immediately after selling this as he had no car! As it is reasonable to expect a rally driver to have some knowledge of cars, and car not as described, do I have any comeback?

I dont have the money to get the car inspected or to repair it so am in a bit of a mess!

Yes I know, stupid me for buying a dirty car in dim light!!

Any advice would really be appreciated. Jx

simpywimpy

dont think you have much of a case with a car as I believe it is buyer beware in an auction.

Not sure if it still has to be roadworthy though, that migt be worth pursuing and someone with mor knowledge will be along shortly

Pssst

Sorry to be the bearer of bad news but i fear you've been ripped off. It is very much buyer beware on ebay unless you are buying from a legitimate business. Can you prove whether or not he is a car dealer? If he has sold cars in the past or still has cars advertised,capture and print that info. you may well be into making a civil claim. Google for moneyclaim on line.

Pity your not more local. I'm thinking of selling my runaround and it IS a good car !

JK12345

Hi, thanks for the replies, he is definately not a car dealer, but from what I understand the car should still have to match the description, and be roadworthy, it seems such a grey area :-( Jx

Nail_Lad

Aww, that is such a shame. The guys sounds like a complete tool to me and I feel for you.

However, you've done a great job of detailing the cars faults - is this because you've had the work done or someone has looked over it since?

I hate to say it but if the car was filthy and didn't drive straight then I wouldn't have paid for it plain and simple because it wasn't as described and that's a fair thing to do on eBay.

However, hindsight is wonderful and it's all too easy to get caught up in the moment when buying a car especially one you feel obliged to buy because you won an eBay auction.

If you haven't had it fixed up then maybe get a quote for the work and sell the car on eBay with a list of what's wrong with and your story. You should make at least half your money back then use the £500 for another car but get on here first to make sure it's an ok example and that you ask the right questions. I sold a lovely Volvo for £430 recently, need nothing and had 12 months MOT - car was made up and I'd put loads of info in the ad. Don't be afraid to hound the sellers of cars with questions, if they're decent and serious they'll honour and respond if not then best to avoid them.

Good luck!

Brooker_Dave

JK12345 wrote: »

Hi,needing a new sterring column and rack, and new drive shafts and CV joints. I

it needs a full respray, and new bonnet bumper and 4 doors. The seller ensured the car was absolutely filthy when collected, thus hiding most of the damage.

How can it possibly need 4 doors, a bonnet a bumper, new column, rack, driveshafts and CVs (CVs = drive shafts)????

Did you have stevie wonder look at it for you on your behalf?

nomoneytoday

When buying a car privately, caveat emptor. If the car isn't as described then walk away. If you do buy it then it is sold as seen.

Sorry, but if you want a warranty then you should buy from a dealer, not an auction

JK12345

Brooker_Dave wrote: »

How can it possibly need 4 doors, a bonnet a bumper, new column, rack, driveshafts and CVs (CVs = drive shafts)????

Did you have stevie wonder look at it for you on your behalf?

LOL I think Stevie Wonder would have done better than me! But no, the car was absolutely covered in mud and it was dusk, I noticed some of the body damage, but accepted that, didnt see it all until I went through the car wash.

Had someone look at it, the following morning when the horrendous clunking started, I did ask about the play on the steering wheel, but he told me it was normal on a V6. (yes i know, I was totally stupid!)

Jx

JK12345

Have done some trawling on the internet and there is loads of conflicting information, I also posted on the ebay message boards and unsuprisingly was shot down in flames lol.

I guess my best bet is maybe take the £80 offered, get the car roadworthy and not be so trusting in the future...

But for anyone who is in a simialr position, this is some of the info I have found (sorry its quite long):-

http://www.usedcarexpert.co.uk/page.aspx?numPage=16


Car Purchase (private)

When buying a car privately, the rule is 'let the buyer beware'. It is up to you to find out whether the car is of satisfactory quality, to make your own

checks (see our free checklist) on what you are told and to take responsibility for your choice, as the seller is not liable for the satisfactory quality of

the vehicle.

You are still entitled to expect the car to be 'as described.' Remember, though, that it may be much more difficult for you to enforce your rights against a

private individual.

Whether you buy privately or from a trader, you are entitled to expect the vehicle to be capable of passing an MOT test when you buy it (unless you and the

seller clearly agree it is to be sold as scrap).

You can also expect the seller to be the owner or authorised by the owner to sell. If you buy a car later found to be stolen, you have no legal right to keep

it. You will have to try to get your money back from the seller.



http://www.consumerrightsexpert.co.uk/BuyingAUsedCarYourRights.html

Buying Privately
Buying privately might be a cheaper option, but it's much riskier, because you have far fewer rights. The only qualification is that the car needs to be "as

described." If a private seller lies about the car's condition, then you can sue him.

Sometimes dealers pretend to be private sellers. It's an attempt to get rid of dubious cars and avoid their obligations. If you see several ads with the same

phone number, watch out. If the seller is really a dealer, then your Sale of Goods Act rights apply.


http://www.consumerdirect.gov.uk/before_you_buy/thinking_about/cars/private

Buying a car privately could save you money - but it's riskier than buying from a car dealer. You won't have so much legal protection, and it may be more

difficult to make sure that everything is above board.
Avoiding problems

Buying privately should be cheaper than buying from a dealer. But it is also riskier: the car may be stolen, or it may have been used as security for a loan

or hire agreement and actually belong to a finance company. It’s always a good idea to complete an HPI check on a car and this might show up any outstanding

finance or insurance claims made on the vehicle in the past.

You have fewer legal rights if you buy privately. The car must be as described, but the other rules don't apply. If a private seller lies about the condition

of a car, you can sue for your losses - if you can find the seller.

Some dealers pretend to be private sellers to avoid their legal obligations and to get rid of faulty or over-priced cars. They advertise in local newspapers

and shop windows. Warning signs to look out for include:

*

Adverts which give a mobile phone number or specify a time to call (it may be a public phone box, not the seller's home).
*

The same phone number appears in several adverts.
*

When you phone about the car, the seller asks “Which one?”.
*

The seller wants to bring the car to you or meet you somewhere, rather than you going to the seller's home.
*

When you get to the sellers home and there seem to be a lot of cars for sale on the street

If the seller is really a dealer, then your full legal rights apply.




http://www.which.co.uk/advice/your-rights-buying-second-hand-cars/second-hand-cars-your-rights/index.jsp

If the seller has mislead you about the second hand car

If something you buy is not ‘as described’, or if the seller is guilty of misrepresentation, you are entitled to:

* give the second hand car back and get your money back, or
* if you want to keep the car, ask for compensation (usually the cost of any repairs it needs)

However, if you buy a second hand car that was not described as being in excellent condition or good working order, and it breaks soon after you buy it, you

do not have any right to reject it, or to claim compensation.

If you buy a second hand car privately

If you buy a second hand car from a private seller you have fewer rights than if you buy from a dealer. Key parts of the Sale of Goods Act don’t apply –

there is no legal requirement that a car is of satisfactory quality or fit for its purpose.

However, legally, the seller must:

* accurately describe the second hand car (for example, an advert must not say ‘one owner’, when the car has had several)
* not misrepresent the second hand car (tell you something about the car which isn’t true – so, for example, if you ask whether the car has ever been in

an accident, the owner must answer truthfully)




http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_second_hand_vehicles.htm#you_bought_the_vehicle_over_the_internet

You bought the vehicle from a private seller

You have very few legal rights if you have bought the vehicle from a private seller rather than a dealer.

The vehicle doesn't have to be of satisfactory quality. However, if the seller offers a description of the vehicle, it must match the description given. It

must also be roadworthy and the seller must have 'good title' to the vehicle. This means that they must be the legal owner in order to sell it to you.

If the vehicle doesn't match the description given, you may be entitled to compensation. You may also be entitled to compensation if you have bought an

unroadworthy car from a private seller, which has caused injury to someone. However, it may be especially difficult to get compensation from a private

seller.

You will only be able to claim against a private seller for one of the following reasons:

* the vehicle doesn't match the description they gave you
* the seller broke a specific contract term
* the seller was actually a dealer posing as a private seller
* the seller did not have good title to the vehicle
* the vehicle is unroadworthy.

The vehicle doesn't match its description

If you can show that the vehicle did not match the description the seller gave you, you will have a claim against them, even if the seller believed the

description to be true. It will strengthen your claim if you have written proof of the false description, for example, a newspaper advertisement. A false

description which was only made verbally and not in writing will be much harder to prove, unless someone else was present who can act as a witness.

If the seller said something about the car which proves not to be true, for example, if they said that the vehicle had a new clutch or one owner from new,

you will also have a claim against them. However, if the seller described the vehicle as in good condition, it will be more difficult to complain as the

vehicle’s age, make and mileage, and the price you paid all have to be taken into account. If the seller did not say anything at all about the vehicle, you

will not be able to claim against the seller.

If the seller sold you the vehicle as having an MOT certificate when it didn't really have one, you will have a claim against the seller.

If you want to take action against the seller because they gave you a false description of the vehicle or said something about it that wasn't true, you will

need proof that the seller did this at the time of sale. If you have delayed for more than a few weeks or have used the vehicle a lot, this may be almost

impossible to prove. An independent report may be able to establish the condition of the vehicle at the time it was sold, but this can be expensive.

If you want to complain about the vehicle not matching its description or the seller telling you something about the vehicle that isn't true, you should

complain in writing to the seller. Ask them for a refund or for the cost of any repairs, depending on what you want them to do. If this does not succeed,

your only other option is to take the seller to court. However, you should bear in mind that it can be especially difficult to get any compensation from a

private seller.

If you are considering taking the seller to court, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details

of your nearest CAB, including those that can give advice by e-mail, click on (New window) nearest CAB.

The seller broke a specific contract term

If the seller fails to do something they specifically agreed to, for example, fix certain faults or that the vehicle would have an MOT, they will have broken

their contract with you and you will have a claim against them.

If you want to complain about the seller breaking their contract, you should complain in writing to the seller. Ask them for a refund or for the cost of any

repairs, depending on what you want them to do. If this does not succeed, your only other option is to take the seller to court. However, you should bear in

mind that it can be especially difficult to get any compensation from a private seller.

If you are considering taking the seller to court, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details

of your nearest CAB, including those that can give advice by e-mail, click on (New window) nearest CAB.

The seller was a dealer posing as a private seller

Dealers sometimes pretend to be private sellers, by using the small ads and a private address and telephone number. It is an unfair commercial practice and a

criminal offence to do this. If you suspect that the person who sold the vehicle was a dealer posing as a private seller, you should report the dealer to

Consumer Direct on 0845 404 0506, or visit (New window) https://www.consumerdirect.gov.uk. In Northern Ireland, phone Consumerline on 0845 600 6262, or visit (New

window) https://www.consumerline.org. If the seller was a dealer it does not mean that you can cancel the sale. But it does mean that you have the same legal

protection as when you buy from a dealer. You may be able to take legal action against them if there are problems with the vehicle that can't be sorted out.

The seller did not have good title to the vehicle

In some cases, you might find that the seller did not have good title to the vehicle. This means that they are not the real legal owner of the vehicle and so

were not entitled to sell it. This might be because:

* the vehicle is still on a hire purchase, conditional sale or leasing agreement and is therefore owned by the finance company
* the vehicle has been stolen from it's rightful owner.

If you have bought a vehicle and there seems to be a problem about ownership, you should consult an experienced adviser, for example, at a Citizens Advice

Bureau. To search for details of your nearest CAB, including those that can give advice by e-mail, click on (New window) nearest CAB.

The vehicle is unroadworthy

If the vehicle is unroadworthy, the seller may have committed a criminal offence and you should report them to Consumer Direct on 845 404 0506 or at: (New

window) https://www.consumerdirect.gov.uk. In Northern Ireland, you should contact ConsumerLine on 0845 600 6262 or at: (New window) https://www.consumerline.org.

ArsenalFC

I wouldn't be accepting the £80 offer if I was u.

I would be looking for the full refund as car not as described and seller had term that
allow you to get full refund if product not as described.

I would suggest you ask for a full refund and threaten the seller with small claims court if full refund are not return. I'm not a legal person but think you maybe have a good chance to go through the civil legal route if seller don't play ball.

nomoneytoday

ArsenalFC wrote: »

I wouldn't be accepting the £80 offer if I was u.

I would be looking for the full refund as car not as described and seller had term that allow you to get full refund if product not as described.

I would suggest you ask for a full refund and threaten the seller with small claims court if full refund are not return. I'm not a legal person but think you maybe have a good chance to go through the civil legal route if seller don't play ball.

It's a private sale - the £80 offer is over and above what the seller has to do. The car is sold as seen.

If I were the seller then I would let you waste your money on a court case, knowing that you wouldn't win UNLESS you specifically asked about an issue.